Job Recruitment Website - Social security inquiry - What if the company has no money to pay social security?
What if the company has no money to pay social security?
1. Negotiate with the social security department: First, you can get in touch with the local social security department to explain the company's economic situation and difficulties. If the company really can't pay social security fees on time, it can negotiate with the social security department whether it can postpone payment or pay by installments.
2. Seek legal aid: If the company cannot negotiate with the social security department to solve the problem, it may consider seeking legal aid. You can consult a lawyer or relevant institutions to understand your rights and interests and feasible legal channels.
3. Seek government support: If the company really can't pay social security fees on time, it can apply for support from the local government. The government may provide some financial or policy support to help enterprises tide over the difficulties.
4. Reorganization or bankruptcy: If the company really can't afford the social security fee, it can consider restructuring or filing for bankruptcy. In this case, it is necessary to operate in accordance with relevant laws and regulations to minimize the loss of employees.
If you don't get social security after resigning, will the company pay?
If you don't get social security after resigning, the company should bear the corresponding liability for compensation. According to the Social Insurance Law of People's Republic of China (PRC), the employer shall pay social insurance premiums for the workers. If the employer fails to pay the social insurance premium in full and on time, the employee may complain to the social insurance agency, and the social insurance agency shall order the employer to pay or make up for it within a time limit.
Therefore, if you don't get social security after resigning, you can complain to the local social insurance agency and ask the company to pay the social insurance premium or bear the corresponding liability for compensation. If the company refuses to perform the liability for compensation, it may apply to the Labor Dispute Arbitration Committee for arbitration or bring a lawsuit to the people's court.
To sum up: if the company has no money to pay social security, it needs to take measures to solve the problem as soon as possible. We can safeguard the normal operation of the company and the rights and interests of employees by consulting the social security department, seeking legal aid, seeking government support or restructuring, bankruptcy and other means.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 63
If the 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, so as to offset the social insurance premium with the proceeds from the auction.
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