Job Recruitment Website - Social security inquiry - Is it troublesome for enterprises to pay social security?

Is it troublesome for enterprises to pay social security?

Don't bother. There is a time limit for the normal payment of social security, and different cities have different regulations on the payment period. For example, Beijing can pay social security for three months, while many cities can only pay it for one month. If it is not normal, it can only apply for arbitration, which has a great impact on the enterprise, because once the audit involves all employees. Negotiating cash compensation with enterprises is also an option, depending on the individual.

1. Can the company pay back the social security?

Companies can pay social security, and only companies can apply for social security. Individuals can't pay social security without going through the company.

According to the law, the unpaid part of the enterprise should be paid in full by the enterprise. For example, social security fees that are not paid to employees during the probation period need to be paid in time. If the part belonging to the enterprise does not pay, employees can file legal arbitration and enforce it.

If it doesn't belong to the unpaid part of the enterprise, there is no way out. Personally, I think it can only be made up by the company that pays the social security agent. Individuals can't make up for it, and so can flexible employment insurance.

Second, how long can the company pay the social security?

According to the regulations, the company can pay social security for up to two years, and the part that exceeds two years cannot be paid.

In addition, social security is generally paid within three months, and it is paid directly from the system without providing any information, and a certain late payment fee can also be paid.

However, the payment of social security for more than three months generally requires enterprises to provide certain materials, such as proof of labor contract relationship, bank wages and so on. It can be proved that the employee did have a labor contract relationship with the enterprise before paying the previous social security.

Therefore, it is relatively simple for individuals to find an agency to pay social security within three months, and it is more troublesome for more than three months.

3. How much social security does the company need to pay back?

Paying social security is to pay in full according to the base corresponding to the employee's salary. Of course, some companies only buy minimum insurance for their employees, which is not in compliance with relevant laws and regulations.

For the unpaid part of the enterprise, the social security shall be paid back, and the late payment fee shall be paid by the enterprise, and the enterprise and individual shall bear part of the expenses.

For the part that is not paid by the enterprise, the individual needs to find an agency to pay, and the money needs to be borne by the individual, including the expenses that the enterprise should pay.

Therefore, it will be more expensive for individuals to pay social security, and the minimum monthly base may need more than 1000, which can be seen according to their own situation.

Legal basis:

Article 60 of the Social Insurance Law of People's Republic of China (PRC), the employing unit shall declare on its own and pay social insurance premiums in full and on time. Except for legal reasons such as force majeure, the payment shall not be postponed or reduced. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.

Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.

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, and the proceeds from the auction will be used to offset the social insurance premium.