Job Recruitment Website - Social security inquiry - Can the company pay the social security that employees have not paid before? What are the losses of the company?
Can the company pay the social security that employees have not paid before? What are the losses of the company?
First of all, what is certain is that it is impossible for a company not to pay social security. The Labor Law stipulates that the employer must pay five insurances for employees, namely, pension, work injury, maternity, unemployment and medical care, which are mandatory. If the unit does not pay social security, it can only ask individuals to pay it back without any compensation. If the employer fails to participate in social security for employees in time, it can only be punished by the local social security agency according to the relevant requirements of the Social Insurance Law, and urged to participate in insurance for employees in time, but it does not involve compensation and compensation for employees. In case of the following circumstances, you can request to pay economic compensation: 1. If the employee terminates the labor contract according to law because the employer fails to pay social security, the employer shall pay economic compensation. 2, because the employer does not pay medical insurance, resulting in workers unable to reimburse medical insurance premiums, you can claim compensation from the employer. 3, because the employer does not pay unemployment insurance premiums, resulting in unemployed workers can not receive unemployment insurance benefits, you can claim compensation from the employer. Article 12 of the Labor Law, the employing unit shall pay the basic old-age insurance premium according to the proportion of the total wages of employees stipulated by the state and record it in the basic old-age insurance pooling fund. Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts. Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employing unit and other flexible employees who have participated in the basic old-age insurance shall pay the basic old-age insurance premiums in accordance with state regulations and record them in the basic old-age insurance pooling fund and individual accounts respectively.
Legal objectivity:
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.
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