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How long can social security be cut off at most?
Under normal circumstances, the payment of social security should not exceed 3 months. If it exceeds three months, the accumulated years of medical insurance need to be recalculated, and it takes half a year to continue to enjoy medical insurance benefits. In addition, after stopping social security, the corresponding maternity insurance and industrial injury insurance will also stop.
According to the relevant provisions of the state, if the employer fails to pay social insurance premiums for employees, it shall bear the following civil liability for compensation:
1. If the employer fails to handle the basic old-age insurance for employees and pay it in full, the employer shall pay the expenses that the employer should bear from the month of employment, or the employees cannot enjoy the old-age benefits due to the failure to pay the basic old-age insurance for employees;
2, the employer does not apply for basic medical insurance for employees or stop paying the basic medical insurance premium without authorization, the employer shall pay medical expenses in accordance with the basic medical insurance treatment standard for employees;
3, the employer does not participate in work-related injury insurance or stop paying work-related injury insurance premiums without authorization. In the event of a work-related injury accident, the employer shall pay the fees in accordance with the items and standards of work-related injury insurance benefits stipulated in the Regulations on Work-related Injury Insurance;
4. If the employer fails to participate in unemployment insurance or stops paying unemployment insurance premiums without authorization, so that the employees cannot enjoy unemployment insurance benefits after unemployment, they shall be liable for compensation. The compensation standard is that the unemployed should receive unemployment insurance money or one-time living allowance twice;
5. If the employer fails to participate in maternity insurance or stops paying maternity insurance premiums without authorization, the medical expenses such as maternity and abortion of female employees and maternity allowance during maternity leave shall be paid by the employer in accordance with the items and treatment standards stipulated in maternity insurance.
legal ground
People's Republic of China (PRC) social insurance law
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, so as to offset the social insurance premium with the proceeds from the auction.
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