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What should I do if social security fails to pay when it expires?
According to the relevant laws and regulations, if it is verified that the employer fails to pay in full and fails to pay back, the social security agency may inquire about the deposit account of the employer's bank or other financial institution according to the Social Insurance Law, and apply to the relevant social security department for a decision on allocating social insurance premiums according to the inquiry results. Upon inquiry, if the balance of the employer's account is less than the amount of social insurance premium that should be paid, or if the employer has not paid the social insurance premium in full after allocation, the social insurance agency may require the employer to provide mortgage or pledge guarantee.
Social insurance refers to a social and economic system that provides income or compensation for people who lose their ability to work, are temporarily unemployed or suffer losses due to health reasons. The main items of social insurance include endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance.
Legal basis:
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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