What if the company has been in arrears with social security?

What if the company has been in arrears with social security?

What if the company has been in arrears with social security? After entering a company, people usually buy social security. Social security has always been a topic of concern to everyone, because social security is indeed a very important social security system, and I believe everyone is no stranger to social security. Let's learn what to do if the company keeps defaulting on social security.

What if the company has been in arrears with social security? 1 You can bring a lawsuit to the court, and the court will order the company to pay back the social security.

According to the Civil Procedure Law of People's Republic of China (PRC), it is stipulated as follows:

1, Article 1 19 Prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

2. Article 123 The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.

Extended data

Handling the failure to pay social insurance premiums in full and on time in accordance with the "Regulations on the Administration of Reporting and Paying Social Insurance Fees";

1, Article 16 If the employing unit is under any of the following circumstances, the social insurance agency shall issue a Notice of Arrears of Social Insurance Premium within five working days from the date of finding out the facts of arrears, order the employing unit to pay back the social insurance premium within five working days after receiving the notice, and inform it that the overdue payment will be handled in accordance with the provisions of Articles 63 and 86 of the Social Insurance Law:

(a) failing to declare and pay social insurance premiums in accordance with the provisions;

(2) Failing to pay social insurance premiums in full and on time after the declaration;

(three) due to concealment, omission of the number of employees, payment base and other matters and pay less social insurance premiums.

2. Article 86 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 5/10000 shall be added daily; 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.

3. Article 63 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions.

And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums.

If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction will be used to offset the social insurance premium.

What if the company has been in arrears with social security? 2 legal analysis: if the company defaults on social security, employees can report to the social insurance administrative department, and the social insurance premium collection agency will order them to pay within a time limit and add a late fee; Therefore, the laborer unilaterally terminates the labor contract.

The employing unit may be required to pay economic compensation to the workers according to the standard of paying one month's salary for each full year of working in the unit.

Legal basis: Article 86 of the Social Insurance Law of People's Republic of China (PRC), 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 5/10000 shall be added daily; 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.

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 the 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, the employee shall be paid half a month's salary. Economic compensation.

(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.

(4) If the company fails to pay social security, it may request to pay social security. It is also illegal for the company not to sign a contract all the time. You can ask the company to pay double wages and not sign a written labor contract. If the company terminates the labor contract illegally, it still has to bear compensation, and the standard of compensation is twice that of economic compensation.

If an employee resigns, he may ask the unit to pay economic compensation.

(5) If you have worked in the company for one year, the company still has to pay unemployment insurance benefits. Fifth, if the company has overtime behavior, it should pay overtime wages and extra compensation according to legal standards. Sixth, if the company deducts wages, it should also pay wages in full and pay compensation. If the above disputes cannot be negotiated, they can be submitted for arbitration!

Article 58 of the Social Insurance Law, the employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for handling social insurance registration and settlement for its workers. If the social insurance registration is not resolved, the social insurance agency shall verify the social insurance premium it should pay.

According to Articles 38 and 46 of the Labor Contract Law, if the employer fails to pay social insurance premiums for the employee according to law, the employee may terminate the labor contract and ask the employer to pay economic compensation. The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit.

What if the company has been in arrears with social security? 1. What should I do if my company defaults on social security?

1. If the employer fails to pay social security, the employee can directly complain to the labor inspection department or the social security center.

2. If the employer fails to pay social security, the employee may apply for arbitration or bring a lawsuit to the court according to law.

It should be noted that the limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

Second, the concept of social security.

Social insurance is the most important part of the social security system. Therefore, when discussing the history of social insurance, social insurance cannot be separated from social security.

Social insurance refers to the system that the state establishes a social insurance fund through legislation to give necessary material help to workers who participate in labor relations when they lose their ability to work or are unemployed. Social insurance is not for profit.

Social insurance is mainly through raising social insurance funds, coordinating and adjusting social insurance funds within a certain range, and giving necessary help to workers when they encounter labor risks. Social insurance provides basic living security for workers.

Workers can enjoy social insurance benefits as long as they meet the conditions for enjoying social insurance, that is, they have established labor relations with employers or paid various social insurance premiums according to regulations. Social insurance is the core content of social security system.