Job Recruitment Website - Social security inquiry - Without a labor contract, the social security company that owes money just does whatever it takes.
Without a labor contract, the social security company that owes money just does whatever it takes.
1. What should I do if I don't pay social security without a labor contract?
The unit must handle social security for its employees, and social security is legal. Article 84 of the Social Insurance Law stipulates that:
1, 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;
2. 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;
3. The directly responsible person in charge and other directly responsible personnel shall be fined from 500 yuan to 3000 yuan.
Supplementary information:
1. If the employer fails to pay social security according to law, it may request to terminate the contract.
2. Article 38 of the Labor Contract Law: In any of the following circumstances, the employee may terminate the labor contract:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
Second, what will happen if workers don't pay social security?
1, unable to enjoy pension insurance and medical insurance.
Conditional to receive pension insurance. /kloc-you need to pay the pension after 0/5 years, and you can receive it monthly after retirement. Medical insurance needs to be paid for 20 years to enjoy it for life. Cumulative calculation of payment period of endowment insurance and medical insurance. The longer the payment time, the more money and benefits you will enjoy.
It is impossible to buy a house in some cities.
Many cities directly link the conditions of buying a house with social security. Take Beijing as an example. If you want to buy a house in Beijing, you need to pay social security for at least five years, and you can't stop paying in the middle. Once interrupted, the five-year period will be recalculated. If you don't buy an account, let alone calculate the number of years, you can't even get into the threshold of buying a house.
According to the law, as long as the employer is engaged in employment and forms a labor relationship with the employee, even if the employee does not sign a labor contract, the employee enjoys all the rights stipulated in the Labor Law, and the unit also undertakes all the obligations stipulated in the Labor Law. Among them, paying various social insurance premiums according to law is a mandatory legal obligation that employers cannot exempt.
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