Job Recruitment Website - Social security inquiry - Is it accurate to sue for not paying social security?
Is it accurate to sue for not paying social security?
Subjectivity of law: If you have signed a formal labor contract with the company, or have a certain employment relationship, then the company should provide you with social insurance according to the regulations. The law stipulates that social security is compulsory. Regardless of whether employees are willing or not, enterprises must insure their employees, otherwise they will break the law and the lawsuit will definitely lose. Failure to pay social insurance does not affect the establishment of a labor contract. However, if the labor contract does not stipulate the relevant contents of social insurance, it belongs to the lack of necessary clauses in the labor contract, and the laborer can report to the labor administrative department. If losses are caused to laborers, they shall be liable for compensation.
Objectivity of law: Article 2 of People's Republic of China (PRC) Social Labor Law This law is applicable to enterprises and individual economic organizations (hereinafter referred to as employers) and laborers who have formed labor relations with them in People's Republic of China (PRC). Article 72 The sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.
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