Provisions on social security payment in labor law

According to the provisions of the labor law on social security payment, the employer shall pay social insurance premiums for the workers it recruits according to law. If the employer fails to pay in full and on time, it can repay, but only for the first two years.

According to Article 120 of the Social Insurance Law and Article 23 of the Administrative Measures for the Collection and Payment of Social Insurance Fees, the employing unit shall go through the social insurance registration procedures for employees according to law and pay social insurance fees in full and on time. If the employer fails to pay social insurance premiums in full and on time, it will face corresponding legal responsibilities such as fines, and at the same time, it will also harm the interests of workers. In view of the employer's failure to pay social security, if it is found, it needs to be paid as soon as possible. According to the provisions of the Social Insurance Law, the employer shall record the date, reason and social insurance premium paid before leaving the company in the employee's personnel file, and bring it into the social insurance scope of the unit after the employee is re-employed, and pay the social insurance premium in full to the social insurance agency within 1 month from the date of leaving the company. It should be noted that the payment of social insurance premiums is limited to the first two years, and it cannot be paid after the deadline. At the same time, the repayment needs to provide relevant certificates and materials, such as the details of social insurance premiums and the list of employees.

What legal responsibilities will social security fees face if they are not paid in time? Employers who fail to pay social insurance premiums in full and on time will face corresponding legal responsibilities, including fines, overdue interest and administrative detention. "Social Insurance Law" and "Administrative Measures for Collection and Payment of Social Insurance Fees" have relevant provisions.

In labor relations, the employer shall pay social insurance premiums for employees according to law to protect their legitimate rights and interests. If the employer fails to pay social security fees in time, it needs to pay them back, but only for the first two years. Employers who violate the rules will also face corresponding legal responsibilities.

Legal basis:

Article 120 of the Social Insurance Law of People's Republic of China (PRC), if an employer fails to pay social insurance premiums for its employees in accordance with the provisions of this Law, the social insurance agency shall order it to pay them back within a time limit, including the actual amount paid, unpaid amount and interest. If the employer fails to pay within the time limit, it shall pay the unpaid amount and interest to the social insurance agency, and accept the punishment of the relevant departments in accordance with the regulations.