Job Recruitment Website - Social security inquiry - Can the company pay social security in cash?
Can the company pay social security in cash?
1. According to relevant laws and regulations, it is the legal obligation of the company to pay social security for employees. If the company fails to pay social security for employees on time and in full, employees have the right to ask the company to pay back. But if the company really can't pay back the social security, employees can ask the company to compensate in cash. This is because social security, like wages, is an employee's right. If the company can't pay back the social security, employees can get the corresponding protection through cash compensation.
If the company can't pay social security, employees can ask for cash compensation. The solution to the problem is as follows:
1. Employees should negotiate with the company first and clearly put forward the demand for cash compensation.
2. If negotiation fails, the employee can complain to the local labor inspection department and ask the company to make cash compensation.
3. If the labor inspection department determines that the company does not pay social security, it will ask the company to pay the corresponding cash compensation.
Besides asking for cash compensation, employees can also consider other ways to safeguard their rights and interests. For example, the company's failure to pay social security causes employees to suffer losses in medical care and old-age care, and employees can bring a lawsuit to the court and ask the company to compensate for the corresponding losses.
In addition, employees can also safeguard their rights and interests through trade unions and other organizations and strive for more protection.
To sum up, if the company cannot pay social security, employees can ask for cash compensation to safeguard their rights and interests. At the same time, employees can also safeguard their rights and interests through other channels to ensure that their rights and interests are fully guaranteed.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 86
If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it 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.
Labor law of the people's Republic of China
Article 72
Employers and workers must participate in social insurance and pay social insurance premiums according to law.
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