What should I do if the company owes money, resulting in arrears in employee social security?

The company owes money, which leads to the arrears of employee social security. What to do needs specific analysis. The following is an analysis: the treatment methods of enterprises' arrears in paying social security include supplementary principal, administrative transfer, fine or late payment fee. Laborers can also terminate the labor contract with the employer in accordance with the relevant provisions of the Labor Contract Law and claim compensation for related matters. Generally, economic compensation is required.

1, make up the principal

Article 63 of the Social Insurance Law stipulates that 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.

2. Administrative distribution

Administrative distribution. 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.

3. Seizure and auction

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, so as to offset the social insurance premium with the proceeds from the auction.

4. Fines and late fees

Article 86 of the Social Insurance Law stipulates that 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 within a time limit or make up for it, and from the date of default, an overdue fine of five ten thousandths 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.

5. The employee unilaterally terminates the labor contract.

For such employees who are insured by enterprise employees, according to the third item of Article 38 of the Labor Contract Law, employees who have not paid social insurance premiums for employees can unilaterally terminate their labor relations, and subsequent employees can claim economic compensation from the employer according to Article 46 of the Labor Contract Law.

Legal basis:

Labor Contract Law

Article 16 If the employing unit is under any of the following circumstances, the social insurance agency shall issue a notice of unpaid social insurance premiums within five working days from the date of finding out the facts of unpaid social insurance premiums, order the employing unit to pay them back within five working days after receiving the notice, and inform that if it fails to pay them within the time limit, it shall 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.

Article 86 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 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.

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.