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How can the company compensate employees for not paying social security?

Workers who don't pay social security can ask the company to pay one month's salary according to the employee's working years. As long as both parties sign a labor contract, the employer must purchase social insurance for employees in accordance with the law. If social insurance is not purchased, employees can not only propose to terminate the labor contract, but also demand compensation from the company.

the employer shall be liable for compensation. According to relevant regulations, if the employer fails to pay, pay in full or pay social insurance premiums on time, the responsibilities it should bear include:

(1) Compensation for the loss of unemployment insurance benefits that workers have little or no.

(2) bear the maternity insurance benefits for female employees that should be paid by the maternity fund.

(3) bear the fines, late fees and other expenses related to work-related injury insurance premiums.

(4) bear the fines and other expenses related to the basic old-age insurance.

(5) Compensation for other expenses caused to workers.

If the employer fails to pay the social insurance premium, the files cannot be transferred in time, which will affect the wage loss of the re-employment of the workers, and so on.

1. terminate the labor contract on the grounds that the unit violates the law and demand to pay economic compensation.

second, if the failure to pay social security according to law causes losses to the workers, the employer may be required to compensate for the losses. If the employer fails to pay medical insurance for the workers according to law, the employer can be required to bear the part that should be borne by the medical insurance when the workers are sick, and the loss of unemployment insurance and even the loss that can be supported by the local court judgment can be supported.

Legal basis:

According to Article 1 of the Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, if a dispute arises because the employer fails to go through the social insurance formalities for the employee and the social insurance agency cannot make up for it, the people's court shall accept it.

according to article 63 of the social insurance law, if the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or make up the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account with banks and other financial institutions; And may apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign a deferred payment agreement. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court to seize, seal up and auction the property whose value is equivalent to the social insurance premium payable, and use the auction proceeds to offset the social insurance premium.

according to article 47 of the labor contract law, the economic compensation shall be paid to the employee according to the standard of one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of a worker is three times higher than the average monthly salary of employees in the local area published by the municipal people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to the employee shall be three times the average monthly salary of the employee, and the maximum period for paying economic compensation to the employee shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.