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Who will bear the social security late payment fee for enterprise employees?

If the social security overdue fee is paid by the unit, the calculation formula is as follows: social security overdue fee = monthly social insurance premium payable × unpaid days × five ten thousandths.

Units that fail to pay social security will generate late fees. China's "Regulations on Social Insurance Fees" stipulates that according to the "Social Insurance Law of People's Republic of China (PRC)", if the employer fails to pay social insurance fees in full and on time, the social insurance fee collection agency shall order it to pay or make up within a time limit, and from the date of default, an overdue fine of five ten thousandths shall be charged on a daily basis; 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.

First, how to pay social security

There are two main ways to pay social security:

1, handled by individuals themselves.

Individuals, freelancers and individual merchants without work units can handle it themselves as flexible employees, and the insured person needs to go through the social security registration formalities at the social security department where the individual's household registration is located. It should be noted that individuals can only pay endowment insurance and medical insurance, not what we call five insurances and one gold.

2, through the unit to pay

Employees who have entered into a labor contract with an employer may pay social insurance through the employer if they have a labor relationship with the employer. The employer will automatically pay by withholding, so employees don't have to worry.

In view of the two situations of paying social security, there are three ways to pay social security:

1, paid by the social security bureau

For locals, you can go directly to the Social Security Bureau. You can pay social security for urban workers and urban residents.

2. Subsequent payments

The years of pension and medical insurance can be accumulated. If it is paid off, it will be enough in the future. You can choose to pay it back at a later time. It is suggested here that it is best to pay off before retirement 15 years.

3. Intermediary payment

Choosing the right intermediary to pay is the most direct and worry-free way. However, the amount paid will be high. We have to pay not only social security fees, but also intermediary service fees. If the retirement age is lower than the minimum payment period, you can apply for deferred pension insurance at the place where your household registration is located. It takes 10 years to apply for deferred payment for foreign household registration.

2. Who is the subject ordered to pay the overdue fine within a time limit?

The main body ordered to pay or make up within a time limit is the social insurance fee collection agency, and the main body given a fine is the relevant administrative department. If the punishment is imposed by the social security institution, because it is a public institution and has no administrative punishment right, the administrative department of social insurance shall make a punishment decision.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 58 of People's Republic of China (PRC) Social Insurance Law

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.