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What if the company goes bankrupt and defaults on social security?
The employing unit shall fulfill its obligation to pay social insurance for workers in a timely manner according to law. The employer establishes a labor relationship with the employee, that is, within 30 days from the date of employment, it applies to the social insurance agency for social insurance registration. After self-declaration, the employer shall pay the social insurance premium in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. If the employer fails to pay social insurance on time, the social security 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 security agency may inquire with its bank or its bank, and may apply to the administrative department at or above the county level for the allocation of social insurance premium. If the balance of the employer's account is less than the social insurance premium that should be paid, the social security collection agency may require the employer to provide guarantee and sign a deferred payment agreement.
What is the specific process for individuals to pay social security?
1. After the insured establishes the basic old-age insurance relationship in the new employment place and pays the fee according to the regulations, the employer or the insured puts forward a written application for the transfer and continuation of the basic old-age insurance relationship to the social security agency in the new employment place;
2. The social security agency of the newly insured place will review the application for transfer and continuation within 15 working days, send a consent letter to the social security agency where the insured person's original basic old-age insurance relationship is located, and provide relevant information; Yes, it doesn't conform to the transfer connection. In addition, the minimum payment period for old-age insurance is 15 years, and medical insurance needs to be paid for at least 25 years. And when you reach retirement age, you can apply for pension benefits and medical reimbursement concessions.
To sum up, this is Bian Xiao's relevant answer to what to do if the company goes bankrupt and fails to pay social security. I hope I can help you.
Legal basis:
Article 57 of People's Republic of China (PRC) Social Insurance Law
The employing unit shall, within 30 days from the date of its establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The social insurance agency shall, within fifteen days from the date of receiving the application, examine and issue the social insurance registration certificate.
Where the social insurance registration items of the employing unit are changed or the employing unit is terminated according to law, it shall, within 30 days from the date of change or termination, go to the social insurance agency to handle the change or cancellation of social insurance registration.
The market supervision and management department, the civil affairs department and the organization management organ shall promptly inform the social insurance agency of the establishment and termination of the employing unit, and the public security organ shall promptly inform the social insurance agency of the birth, death, household registration, migration and cancellation of the individual.
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