What are the regulations on employee social security in China?

China's laws and regulations on employee social security include labor law and social insurance law. According to the provisions of China's labor law, employers and workers must participate in social insurance and pay social insurance premiums according to law. The Social Insurance Law stipulates that the employer shall apply to the social insurance agency for social insurance registration for employees within 30 days from the date of employment.

China's laws and regulations on employee social security include labor law and social insurance law. Social insurance belongs to the national compulsory insurance, and any unit or individual that establishes labor relations must participate. Paying social security for employees is the legal obligation of the company.

Article 16 of the Labor Law stipulates: "A labor contract shall be concluded to establish labor relations."

Article 72 of the Labor Law stipulates: "Employers and laborers must participate in social insurance and pay social insurance premiums according to law."

Article 58 of the Social Insurance Law, the employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration. The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.

Article 38 of the Labor Contract Law: "If the employer has one of the following circumstances, the employee may terminate the labor contract:

(3) If the employee fails to pay social insurance premiums according to law, the labor contract shall be terminated with the factory, and the factory shall be required to pay economic compensation to the employee according to the standard of "paying one month's salary every full year" stipulated in Article 47. For more than six months but less than one year, it shall be counted as one year;

If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. "Pay unpaid social insurance premiums from the date of joining the work to the date of termination of the labor contract. You can also only ask the enterprise to pay the unpaid social insurance premium without terminating the labor contract with the enterprise.

Extended data:

Among the five insurances and one gold, endowment insurance, medical insurance and unemployment insurance are premiums paid by enterprises and individuals, while industrial injury insurance and maternity insurance are entirely borne by enterprises. Individuals do not need to pay fees. It should be noted here that "five risks" are legal, but "one gold" is not.

According to the national labor security policy, the employer has the obligation to pay all kinds of social security for employees from the first day of employment, whether it is during the probation period or not. The probation period is included in the term of the labor contract, which means that the probation period also belongs to the duration of labor relations, so the employer should also pay social insurance premiums for employees during the probation period.

In addition, the probation period should also pay the provident fund. The unit shall pay the housing accumulation fund for these new employees from the second month from the date of establishing or forming labor relations with them. The deposit base is the total salary of the first month, and the deposit ratio is determined by the unit.

According to the provisions of Articles 17 and 19 of the Labor Contract Law, the employer and the employee may stipulate the probation period in the labor contract, and the probation period is included in the labor contract period. At the same time, according to Article 72 of the Labor Law and Article 4 of the Social Insurance Law, employers and workers must participate in social insurance and pay social insurance premiums according to law.

As a laborer, after signing a labor contract with the employer, we must pay attention to the terms of the labor contract and see if the company pays five insurances and one gold for us. If there is no payment clause, we can file a labor arbitration.