What if the company deducts social security money but doesn't pay it?

If the employer fails to pay social security after deducting wages, the employee may report to the administrative department of social insurance, which shall order him to pay within a time limit; If no correction is made within the time limit, the employer shall be fined more than one time and less than three times the social insurance premium payable.

1. If the employer fails to pay social insurance for the employee according to law, the employee may terminate the labor contract and demand to pay economic compensation;

2. After the termination of the labor relationship between the employee and the employer, if the employer exists, the employee can report the complaint to the social insurance agency and the administrative department of labor security within two years, and order the employer to pay social insurance premiums according to the regulations through the agency;

3. The limitation of two years shall be calculated from the date when the last underpayment of wages by the employing unit ends. For more than two years, the social insurance agency and the administrative department of labor security will not accept it;

4. Laborers can ask the employer to repay;

5. If the employee fails to pay, he may complain to the local labor administrative department, and the social insurance fee collection agency shall order him to pay or make up within a time limit, and impose a daily fine of 5/10000 from the date of default.

The company's solution for withholding social security funds;

1, the company has deducted the social security money, but it is obviously illegal for the company not to pay you social security. You can ask the company to pay you back;

2. At the same time, since you have left your job, you can terminate the labor contract forcibly because the company fails to pay social security according to law, and ask for economic compensation. Average monthly salary for working years. (more than six months but less than one year, according to one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. ) The company not only failed to fulfill its obligation to pay endowment insurance to employees, but also deducted the part that employees should pay and used it for other purposes. Both of these behaviors violate the relevant national laws and regulations and infringe on the rights and interests of employees, and the latter is even worse.

3. In this regard, employees can complain to the labor inspection brigade, ask the supervision department to investigate and deal with the illegal acts of the college according to law, and ask the company to pay the endowment insurance premium for employees; Employees can also file an arbitration with a labor arbitration institution to safeguard their legitimate rights and interests.

To sum up, the parties may apply to the Labor Dispute Mediation Committee of this unit for mediation; If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration; One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.

Legal basis:

Article 63 of People's Republic of China (PRC) Social Insurance Law

If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can 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 their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.