If the company fails to pay social security, workers can claim compensation according to law.
The company will face the following consequences: if the employee terminates the labor contract because the company fails to pay social security, he can ask the company to pay economic compensation. The general economic compensation is calculated according to the actual working years of the laborer in the unit, and the compensation is paid 1 month for one year. If the unit fails to pay social security, resulting in the employee being unable to enjoy social insurance benefits and suffering losses, the employee may request the unit to compensate for his own losses.
(1) If an employee proposes to terminate the labor relationship on the grounds that the employer has not paid social insurance, he may apply for labor arbitration and demand payment of economic compensation; Work 1 year, pay 1 month salary.
(2) The economic compensation shall be paid to the laborer according to the standard of paying 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.
(three) the employer fails to apply for social insurance registration, and the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.
Legal basis:
Article 86 of "People's Republic of China (PRC) Social Insurance Law" * * * If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 0.5% shall be charged on a daily basis; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.
Derivative problem:
Is it illegal not to buy social security for employees? It is illegal not to buy social insurance for employees, and it is the legal basic obligation of employers to participate in social insurance for workers. This legal obligation has been confirmed by China's labor law, labor contract law, social insurance law and other laws. All behaviors of employers that fail to pay or pay social insurance premiums in full are illegal acts prohibited by law. The illegal behavior of the employer not only violates its own legal obligations, but also seriously damages the legitimate rights and interests of workers, and must bear the responsibility for the consequences. If this behavior causes losses to the laborers, it shall also compensate the laborers for their losses. Companies, enterprises and other employers registered according to law are legitimate social insurance payment targets. Social insurance includes basic old-age insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance. The national social insurance system is a guarantee system that the state or society provides certain material assistance to workers and their families when they temporarily or permanently lose their ability to work or opportunities due to old age, illness, disability, unemployment, childbirth and death.