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Give the social security subsidies can not pay social security?
Company did not buy social security, but to social security subsidies legal not legal, if you apply for labor arbitration. The company did not buy social security how to compensate for social insurance is the state in order to prevent and compulsory participation of the majority of members of society, with the function of income redistribution of non-profit social security system. Social insurance is a social and economic system that provides income or compensation for the population that is incapable of working, temporarily loses its labor position or suffers losses due to health reasons. According to the relevant provisions of the Social Insurance Law, an employer should enroll its employees in the five social security policies, and non-participants will be penalized. For the person concerned, if the company fails to participate in the insurance for him, he can report to the local labor security supervision brigade or apply for labor arbitration to request him to make up the contributions, but there is no question of compensation or subsidy for the person concerned. Unless the person concerned left his job because the company did not insure him, in which case the economic compensation stipulated in the Labor Contract Law applies. The new Social Security Law makes more mandatory measures for the collection and payment of social insurance premiums. An employer that fails to register for social insurance as required will not only be fined by its directly responsible supervisor, but will also be fined not less than double and not more than triple the amount of social insurance premiums due. Article 84 of the Full Text of the Social Insurance Law of the People's Republic of China (《中华人民***和國社會保险法全文》) 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 do so within that period of time, the employer shall be fined at least double and not exceeding three times the amount of social insurance premiums payable, and those directly responsible and other persons directly liable for the employer shall be fined at least 500 and not exceeding 3,000 yuan. Article 85 If an employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be dealt with in accordance with the provisions of the Labor Contract Law of the People's Republic of China*** and the State. Article 86 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; in case of failure to pay the premiums after the expiration of the period of time, the employer shall be subject to a fine not less than double and not exceeding triple of the amount of the unpaid premiums, imposed by the relevant administrative department. Article 87 social insurance agencies and medical institutions, drug business units and other social insurance service institutions to fraud, falsification of supporting materials or other means of fraudulent social insurance fund expenditure, by the social insurance administrative department shall order the return of fraudulent social insurance contributions, the fraudulent amount of more than two times the five times the fine; belonging to the social insurance service institutions, the termination of the service agreement; directly responsible for the competent personnel and other personnel directly responsible for the license to practice, according to the law to revoke their license to practice.
Legal Objective :
《中华人民****和国社会保险法》第八十四条 employers do not apply for social insurance registration, the administrative department of social insurance shall order a period of time to make corrections; overdue correction, the employer shall be sentenced to pay social insurance premiums amount of more than double the amount of a fine of up to three times the amount of the employer, and the directly responsible person and other directly responsible personnel shall be sentenced to pay social insurance premiums amount of more than twice the amount of a fine, and the directly responsible person and other directly responsible personnel shall be sentenced to pay social insurance premiums. supervisors and other persons directly responsible shall be fined not less than five hundred yuan and not more than three thousand yuan. Article 86 of the Social Insurance Law of the People's Republic of China*** and the People's Republic of China, if an employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums by a certain period of time or make up for the full amount, and shall impose a late fee of five ten thousandths of a percent on a daily basis from the date of the unpaid premiums; and in case of non-payment after the expiration of the period, the relevant administrative department shall impose a fine of not less than double and not more than triple of the amount of the unpaid premiums.
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