Job Recruitment Website - Social security inquiry - What if the company fails to pay social security?
What if the company fails to pay social security?
1. The employee negotiates with the employer and asks the unit leader to pay social security for him;
2. Employees report the situation to the labor administrative department and pay social security through the supervision unit of relevant departments;
3. The employee proposes to terminate the labor contract and demands certain economic compensation;
4. If the situation is serious, the employee can also bring a lawsuit to the people's court where the company is located.
According to the relevant laws and regulations, the unit shall handle the social insurance formalities for employees and pay social insurance premiums for employees, and the part borne by individuals shall be withheld and remitted by the unit from my salary.
Employees must sign a contract with the unit when they join the company. In the event of a dispute, the contract can be used as proof of the formation of labor relations between employees and units. According to the labor contract law, social insurance law and other relevant laws, as long as there is labor relations, enterprises should handle social security for employees.
For employees who have not signed a contract, employees can keep all kinds of materials that can prove the existence of labor relations with the unit, such as salary slips, stamp certificates, work clothes, etc. Once the unit does not apply for social security, it can go to the labor arbitration institution where the enterprise is located for arbitration. The local labor department will issue an arbitration opinion, and employees can ask the enterprise for reissue and new social security according to the arbitration opinion.
: achieving different goals. Social security is the basic guarantee for social members when necessary, not for profit; Commercial insurance is the commercial operation of insurance companies, aiming at profit;
Legal basis: People's Republic of China (PRC) Social Insurance Law.
Article 84 If an employer fails to register for social insurance, the administrative department of social insurance shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the employer shall be fined between one and three times the social insurance premium payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.
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