Job Recruitment Website - Social security inquiry - The company half a year to pay insurance what should I do
The company half a year to pay insurance what should I do
Legal analysis: there is no legal basis for a company to pay social security after half a year.
Legal basis: The Social Insurance Law of the People's Republic of China:
Article 58 An employer shall, within thirty days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the employer fails to register for social insurance, the social insurance administration organization shall approve the social insurance premiums to be paid by the employer.
Individual industrial and commercial households without employees who voluntarily participate in social insurance, part-time employees who do not participate in social insurance with their employers, and other flexibly employed persons shall apply to the social insurance administrative organization for social insurance registration.
The State establishes a nationally unified individual social security number. Individual social security numbers are citizens' identity numbers.
Article 62 If an employing unit fails to declare the amount of social insurance premiums to be paid in accordance with the regulations, the amount to be paid shall be determined in accordance with 110 percent of the amount of the unit's contributions for the previous month; after the contributing unit has made up for the declaration, the social insurance premium collection agency shall settle the payment in accordance with the regulations.
Article 63 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 the premiums within a certain period of time or to make up the full amount.
If the employer fails to pay the social insurance premiums in full or on time, the social insurance premium collection agency may inquire into the deposit accounts of banks and other financial institutions; it may also apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify in writing the banks or other financial institutions where the account is opened to allocate the social insurance premiums.
If the balance of an employer's account is less than the amount of social insurance premiums that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign an agreement on deferred payment of premiums.
If the employer fails to pay the full amount of social insurance premiums and fails to provide a guarantee, the social insurance premium collection agency may apply to the people's court for the seizure, attachment or auction of the property whose value is equal to the amount of social insurance premiums that should be paid, and use the proceeds of the auction to offset the payment of social insurance premiums.
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