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Consequences of not reducing staff in the original unit
You can complain and report to the administrative department of social insurance, and the social insurance premium collection agency will order you to pay or make up within a time limit, and then handle the downsizing. If the unit fails to go through the formalities of downsizing according to the regulations, it will have to continue to pay social security, otherwise it will be in arrears and must be made up, otherwise it will not be able to pay in the future. Ask why the unit doesn't handle layoffs. This problem must be solved. If the unit violates the rules, it can report to the labor department. You can complain and report to the administrative department of social insurance, and the social insurance premium collection agency will order you to pay or make up within a time limit, and then handle the downsizing. If the employer fails to apply for social insurance registration, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan. This method is based on the wage income of the insured, and a certain proportion is stipulated to collect insurance premiums. Adopting the proportional system, the initial main purpose of social insurance is to compensate the income lost by the insured in risk accidents in order to maintain their minimum living. Therefore, we should refer to his usual income, on the one hand, as a standard to measure payment, on the other hand, as the basis for premium calculation. The biggest drawback of the work-based proportional insurance system is that the burden of social insurance is directly related to wages. Whether employers and employees bear social insurance premiums or one of them bears social insurance premiums, the burden of social insurance is manifested in the increase of labor costs, which will lead to capital crowding out labor, which will lead to an increase in unemployment.
Legal basis:
People's Republic of China (PRC) social insurance law
Eighty-fourth employers do not apply for social insurance registration, the social insurance administrative department shall order them to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.
Article 86 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 within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.
Derivative problem:
Can I sue him for not laying off employees in his original unit?
The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for the workers within 15 days. If the original unit is still there, employees can seek labor arbitration to make them owe insurance premiums and transfer them out. If the original company is not here, employees can find the information about the closure of the company on the industrial and commercial website, print it out, pay the arrears to social security, and transfer it out.
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