What if the unit fails to pay social security?

If the unit fails to pay social security, it can be solved in the following ways:

1. Ask the employer to help employees open social security accounts and pay social security fees;

2. Report or complain to the labor administrative department;

3. Apply for labor arbitration when necessary;

4. If the employer fails to pay after being ordered to do so, the social insurance agency may apply to the local people's court with jurisdiction for sealing up, distraining and auctioning the employer's property, and the proceeds from the auction will be used to offset the social insurance premiums and late fees that should be paid;

5. Laborers may request to terminate the contract, and the employing unit shall make compensation, repay the social security fund in arrears and pay the overdue fine. This will lead to the more enterprises do not pay social insurance according to law, the greater the loss and the higher the cost.

The social security contribution ratio is as follows:

1, endowment insurance, units and individuals pay 20% and 8% respectively;

2, medical insurance, units and individuals pay 12%, 2% respectively;

3. Unemployment insurance, units and individuals pay 2% and 0% respectively;

4, maternity insurance units to pay 0.60%, individuals do not pay;

5, work-related injury insurance units pay 2%, individuals do not pay.

Legal basis: Article 84 of People's Republic of China (PRC) Social Insurance Law.

If the employer fails to apply for social insurance registration, 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 more than one time and less than three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined more than 500 yuan and less than 3,000 yuan.

Article 85

If the employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be handled in accordance with the provisions of the Labor Contract Law of People's Republic of China (PRC).

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.