Legal Responsibilities Of Violation Of Social Security Contributions Payment Obligations

The employer has the legal obligation to pay the social insurance premiums for the laborers.However,if the employer fails to perform the obligation and causes damage to the laborers,what type of liability should the employer bear? What kind of liability principle should be applied to determine the damage of the employer? There is no unanimous opinion on the liability.After analysis,this paper concludes that the obligation to pay belongs to the contractual obligation,which is directly stipulated by the law and supplements the labor contract.Of course,it belongs to the scope of the contractual obligation.If it violates the obligation,it shall bear the liability for breach of contract.However,for the damage liability at this time,the principle of presumption of fault should be applied.It is presumed that the employer is at fault,but it should also be affirmed that if the employer has no fault or both parties are at fault,the employer's compensation liability can be reduced or eliminated.