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Provisions of the latest labor law on social security payment by units
1. If the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract.
2. When the labor contract is terminated, the employer shall pay economic compensation to the employee. The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
3, if the employer violates the relevant provisions, workers can complain to the local labor security supervision institutions; If there is a labor dispute between the employee and the employer, they may apply to the labor dispute arbitration institution for arbitration.
Two, the base and payment ratio of employees to pay social security.
1. The base for employees to pay social security is determined according to their average monthly salary in the previous year.
2. payment ratio,
3. On-the-job employees enjoy medical insurance benefits, industrial injury benefits and maternity benefits according to social security regulations, and unemployed people enjoy unemployment benefits.
Two, the base and payment ratio of employees to pay social security.
1. The base for employees to pay social security is determined according to their average monthly salary in the previous year and the actual average monthly salary of less than 12 months in the previous year. The payment base is not less than 60% and higher than 300% of the average salary in the whole province in the previous year according to the labor contract.
2. Payment ratio: endowment insurance is 28% (20 for enterprises and 8% for individuals), medical insurance 10% (8% for enterprises and 2% for individuals), unemployment insurance is 3% (2Z% for enterprises and 0/kloc-0% for individuals), and industrial injury and maternity insurance are paid in full by enterprises according to a certain proportion of total wages.
The social security payable by employees shall be withheld and remitted by the enterprise from the wages payable by employees.
3. On-the-job employees enjoy medical insurance benefits, work-related injury benefits and maternity benefits according to social security regulations, and the unemployed enjoy unemployment benefits. After the payment period has reached 15 years, you will reach the legal retirement age and enjoy retirement salary and retirement medical insurance.
legal ground
labour law
Article 37 The employing unit shall, in accordance with the working hours system stipulated in Article 36 of this Law, reasonably determine the labor quota and piecework remuneration standard for the workers who carry out piecework.
People's Republic of China (PRC) social insurance law
Article 58 An employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.
The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.
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