Is it legal for enterprises to miss social security and fight for legitimate rights and interests?

According to the law, enterprises must pay social insurance for their employees, otherwise, the tax authorities cannot declare and pay taxes for them. There are two kinds of questions you ask. First, if you have never paid social endowment insurance, you can ask the enterprise to pay social endowment insurance for you for these five years, and bear the resulting late fees; Secondly, if you have paid social endowment insurance before, you need to transfer the original insurance relationship to the current enterprise insurance account to continue to participate in the insurance. In the process of your insurance relationship transfer, you need to provide your insurance transfer form to the enterprise, and the enterprise can handle social insurance for you.

Article 72 The sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

Article 73 Laborers shall enjoy social insurance benefits according to law under the following circumstances: (1) Retirement; (2) getting sick; (3) Being disabled at work or suffering from occupational diseases; (4) unemployment; (5) bearing.

Legal liability of employers for not paying social insurance premiums

Labor Contract Law Article 100 If an employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit, and if it fails to pay within the time limit, it may impose a late fee.

(1) If the employer fails to pay or withhold social insurance premiums, what is the standard for paying late fees? Interim Regulations on the Collection and Payment of Social Insurance Premium (1999/ 1/22)

Thirteenth payment unit fails to pay and withhold social insurance premiums according to law, the administrative department of labor insurance or the tax authorities shall order it to pay within a time limit; Fails to pay, in addition to repay the amount owed, from the date of default, an additional 2/1000 of the daily fines. Late payment fees are incorporated into social insurance funds.

"violation

Seventeenth employers do not pay social insurance premiums without reason, should be ordered to pay within a time limit; Those who fail to pay within the time limit, in addition to ordering them to pay the arrears, may be charged a late fee of two thousandths of the arrears every day. Late payment fee income is incorporated into the social insurance fund.

(2) What if the payer refuses to pay social insurance premiums and late fees? Interim Regulations on the Collection and Payment of Social Insurance Premium (1999/ 1/22)

Article 26 If a payer refuses to pay social insurance premiums and late fees within the time limit, the administrative department of labor security or the tax authorities shall apply to the people's court for compulsory collection according to law.

(3) What responsibility should the employer bear if it falsely reports the total wages and the number of employees to the social insurance agency, or defrauds social insurance benefits and social insurance fund expenditures?

Regulations on Labor Security Supervision (2004/111)

Article 27 If an employer conceals the total wages or the number of employees when reporting the amount of social insurance premiums to the social insurance agency, the administrative department of labor security shall order it to make corrections and impose a fine of not less than 0 times but not more than 3 times the total wages. Defrauding social insurance benefits or defrauding social insurance fund expenditures, the administrative department of labor security shall order it to be returned, and impose a fine of not less than 0 times but not more than 3 times the amount defrauded; If a crime is constituted, criminal responsibility shall be investigated according to law.