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Jinan company how to pay social security to employees

Legal subjective:

The employer does not pay social security to the employee will damage the employee's labor rights, once the employee is injured at work, may be because of the lack of social security, it will affect the recognition of work injuries, and even disability identification. If your employer does not buy social security for you, you can complain to the local labor security supervision department, you can also complain to the social insurance agency or social insurance premium collection agency. According to the relevant laws, the unit for the workers to participate in social insurance procedures is his obligation to pay social insurance premiums for employees, the individual part of the unit from their wages withheld on behalf of the payment. In addition, it should be noted that employees must sign a contract with the unit when they join the company, once the dispute occurs, the contract can be used as a proof of the formation of labor relations between the employee and the unit, and as long as there is a labor relationship, the enterprise has to apply for social security for the employees. If there is no contract, then the employee can save the pay stubs, stamped certificates, work clothes and other materials that can prove that there is a labor relationship with the unit. Once the unit fails to apply for social security, they can go to the labor arbitration institution where the enterprise is located and apply for labor arbitration. Administrative penalties imposed by the social security agency on the employer. (1) The social security agency has the right to impose a direct fine on the employer and the person in charge of the employer who does not register for social security. Article 84 of the Social Insurance Law provides that if an employer fails to register for social insurance, the administrative department of social insurance shall order it to make corrections within a certain period of time; if it fails to make corrections within that period of time, the employer shall be fined at a rate of not less than double and not more than triple the amount of social insurance premiums payable, and the person in charge and other persons directly responsible for the employer shall be fined at a rate of not less than 500 yuan and not more than 3,000 yuan. (2) The social security organization has the right to impose a direct fine on an employer who fails to pay social insurance premiums in full and on time. Article 85 of the Social Insurance Law provides that if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums within a certain period of time or to make up the full amount of the premiums, and shall impose a late fee of five ten-thousandths of a cent per day on the employer from the date of the unpaid premiums; and if the employer fails to pay the premiums after the expiration of the period of time, the administrative department shall impose a fine of not less than double and not more than triple the amount of the unpaid premiums. II. Compulsory measures of the social security collection agency against the employer who has not paid or is in arrears in payment. (1) The social security collection agency has the right to apply for direct debit of the employer's bank account. Article 63 of the Social Insurance Law stipulates that: if an employer fails to pay or make up the full amount of social insurance premiums after the deadline, the social insurance premium collection agency may inquire with banks and other financial institutions about its deposit account; and may apply to the relevant administrative department at or above the county level to make a decision on the allocation of social insurance premiums, and notify in writing the bank or other financial institution where the bank account is opened of the allocation of social insurance premiums. Where the balance of an employer's account is less than the amount of social insurance premiums that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign an agreement on deferred payment of premiums. (2) The social insurance collection agency has the right to apply to the court for the seizure, attachment or auction of the employer's property. Article 63 of the Social Insurance Law stipulates that if an employer fails to pay the full amount of social insurance premiums and fails to provide a guarantee, the social insurance premium collection agency may apply to the people's court for the seizure, sequestration or auctioning of property whose value is equal to the amount of social insurance premiums that should be paid, so that the proceeds of the auction can be used to offset the payment of social insurance premiums. With the introduction of judicial interpretations clarifying that workers can demand compensation from employers for failure to pay social security in accordance with the law, as well as the wide publicity of the Social Insurance Law in the media, the time has come for workers to massively demand compensation from employers for social security losses in the form of lawsuits or labor arbitration!

Legal Objective:

Article 57 of the Social Insurance Law of the People's Republic of China*** and the People's Republic of China, the employer shall, within thirty days from the date of its establishment, with the business license, certificate of registration, or the seal of the unit, apply for registration of social insurance with the local social insurance agency. The social insurance agency shall examine and approve the application within fifteen days from the date of receipt of the application and issue the social insurance registration document. If the employer's social insurance registration matters change or if the employer is terminated according to law, it shall, within thirty days from the date of change or termination, apply for change or cancellation of social insurance registration with the social insurance administration organization. The market supervision and management department, civil affairs department and organization and preparation management organs shall promptly inform the social insurance agency of the establishment and termination of the employer, and the public security organs shall promptly inform the social insurance agency of the birth and death of an individual, as well as the registration, relocation and cancellation of the household registration.