Is it really possible for the unit to pay social security fees in the form of wages?

Is it really possible for the unit to pay social security fees in the form of wages?

The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. I'll give you a detailed introduction of the relevant situation, hoping to help you.

Employers must pay social insurance for employees, but in real life, many people and units agree not to pay social insurance, but to pay social insurance premiums to workers in the form of wages. On the surface, workers can "increase their income" in addition to not deducting personal contributions from their wages, and the unit also avoids the "trouble" of paying insurance for employees. But is this really good for workers? Can the statutory payment obligation of the employer be exempted?

The staff of Liuzhou Labor and Personnel Dispute Arbitration Court introduced that Article 72 of China's Labor Law stipulates that employers and workers must participate in social insurance and pay social insurance premiums according to law. Article 58 of the Social Insurance Law also stipulates that the employer shall handle social insurance registration for employees within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

According to the above regulations, paying social insurance premiums is the legal obligation of employers and workers, and employers and workers may not change or adapt the regulations according to their own will. Even if the employer pays social insurance premiums for the individual workers, the employer cannot escape its due obligation to pay social insurance premiums.

Paying social security fees to workers in the form of wages seems to increase the amount of money they get, but they can't enjoy social security benefits because they don't participate in social insurance, and their rights and interests such as pension, medical care, work injury, unemployment and maternity can't be guaranteed as they should. For example, once a worker is hospitalized, he has no medical insurance and can only bear all the medical expenses himself. Therefore, this practice is actually a small loss.

For employers, they also need to bear corresponding risks. Because under the premise of law, such private agreement and flexibility are invalid, and the legal payment obligation of the unit cannot be exempted. Even if the unit has paid the social insurance premium for the employee himself, once there is a labor dispute between the two parties, the employee applies for labor arbitration on the grounds of not paying social insurance and asks the unit to pay back the social insurance, and his arbitration request will be supported. If workers complain to the labor inspection department on this ground, their demands will usually be supported.

In addition, the unit must also bear the relevant responsibilities for failing to pay insurance according to law. "Social Insurance Law" clearly stipulates that the employer where the laborer works fails to pay the work-related injury insurance premium according to law, and if a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits. Therefore, the employer shall participate in social insurance for employees in accordance with the law and pay social insurance premiums in full and on time, while individual employees enjoy social insurance benefits in accordance with the law and have the right to supervise the payment of their own units.

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Who should "pay" for work-related injuries without social security?

The employing unit shall handle social insurance for its employees, and if the employees are injured at work, the social security agency shall bear the compensation for work-related injuries. But if the employer fails to apply for social security, who should bear the compensation for work-related injuries? On September 27th, Jingde Court heard a dispute over the treatment of industrial injury insurance.

20 14 12. Fang signed a labor contract with a company in Anhui, stipulating that the labor term of Fang was three years. Later, the company failed to register and pay social insurance according to law. From 2065438 to July 20th, 2005, Fang was injured in both hands due to mechanical failure, and was diagnosed as complete amputation of the distal phalanges of both hands and fracture of the distal phalanges of the left thumb. It is a work-related injury only after being recognized by the Human Resources and Social Security Bureau; Appraised by the Labor Ability Appraisal Committee, the degree of labor dysfunction is Grade 9.

Jingde County Labor and Personnel Dispute Arbitration Commission accepted Fang's application for arbitration on the dissolution of labor relations and industrial injury insurance benefits with an Anhui company on May 16. On June 22, the Labor Arbitration Commission made an arbitration award, ruling that the licensor should terminate the labor relationship with a company in Anhui; The company paid 720 yuan, 2,904 yuan for nursing, 4,359 yuan for transportation and accommodation, 4,359 yuan for wages and benefits during shutdown with pay, 65,438 yuan for one-time disability allowance, 27,570 yuan for one-time medical subsidy for work-related injuries and 45,949 yuan for one-time disability employment subsidy, totaling 95,379 yuan. On July 25th, an employee in the rear refused to accept the decision and filed a lawsuit with the court, demanding that the company pay all expenses * * * totaling 157774.97 yuan.

The court held through trial that legitimate labor relations and the legitimate rights and interests of workers are protected by law. Fang signed a labor contract with a company in Anhui, and the two sides have formed a labor relationship. Party A's disability has been recognized as a work-related injury, and he has the right to enjoy the treatment of work-related injury insurance in accordance with the Regulations on Work-related Injury Insurance. A company in Anhui did not apply for work-related injury insurance for Fang, and the work-related injury insurance benefits that Fang enjoyed according to law should be borne by the company. Based on the facts ascertained by the court, the court ruled that Fang was allowed to terminate the labor contract relationship with a company in Anhui; A company in Anhui compensated the party for hospitalization food allowance of 2400 yuan, nursing expenses of 2736 yuan, transportation and accommodation expenses 1200 yuan, salary of 5325.6 yuan during paid shutdown, one-time disability allowance of 25590 yuan. 15 yuan, one-time work-related injury medical allowance of 28433.5 yuan and one-time disability employment allowance of 47389.20 yuan, totaling/kloc-0.

The judge reminded the employers that industrial injury insurance, as an integral part of the social insurance system, is enforced by the state through legislation, which is the social responsibility of the state to employees and the basic rights that employees should enjoy. Moreover, industrial injury insurance is based on the principle of no-fault liability. No matter whether the responsibility for industrial accidents belongs to employers, employees or third parties, employers should bear the insurance responsibility. Employers buying work-related injury insurance for employees can not only ensure that employees get treatment and economic compensation, but also be an effective way to spread the risk of work-related injuries.

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