Job Recruitment Website - Social security inquiry - Is it right that companies don't pay social security for less than 15 days of work?
Is it right that companies don't pay social security for less than 15 days of work?
Social security is the legal rights and interests of workers, should not be differentiated by the length of time working.
One, social security payment is the legal rights and interests of workers
Social security system is an important system set up by the state to protect the rights and interests of workers, including pension insurance, medical insurance, unemployment insurance, work injury insurance and maternity insurance. Workers should enjoy these basic protections in labor relations, regardless of the length of time they work. The company shall pay social insurance premiums for workers in accordance with state regulations, which is the company's legal obligation.
Second, the length of working hours should not affect the social security payment
Some companies may refuse to pay social security contributions for their employees on the grounds that they have worked for less than 15 days. This practice is illegal. Social security payments are made on a monthly basis, and as long as a worker has a labor relationship with the company during a month, the company should pay the social insurance premiums for that month. Even if the laborer only works a few days in a month, the company cannot use this as a reason to refuse to pay social security.
Three, the workers should protect their legitimate rights and interests
In the face of the company does not pay social security behavior, the workers should actively protect their legitimate rights and interests. First of all, the laborer can make a request to the company to pay the social security for himself according to the regulations. If the company refuses to fulfill its obligations, the worker can complain to the labor inspection department or defend his rights and interests through legal channels.
Fourth, strengthen the protection of workers' rights and interests
In order to protect the legitimate rights and interests of workers, the state and local governments should strengthen the supervision and inspection of social security payment. Companies that violate social security payment regulations should be penalized according to law and publicly exposed to serve as a warning. At the same time, it should also strengthen the publicity and education for workers to raise their legal awareness and rights awareness.
In summary:
Working less than 15 days the company does not pay social security is not right, violating the provisions of the national social security system. Workers should enjoy the basic protection of the social security system, regardless of the length of time working. The company should pay social insurance premiums for the workers according to the state regulations, which is the company's legal obligation. Laborers should actively defend their legitimate rights and interests and complain to the relevant departments or seek legal help.
Legal basis:
The Social Insurance Law of the People's Republic of China
Article 58 stipulates:
An employer shall, within thirty days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the employer fails to register for social insurance, the social insurance agency shall authorize the social insurance premiums to be paid by the employer.
The Law of the People's Republic of China on Labor Contracts
Article 72 stipulates:
The social insurance fund determines its source of funding according to the type of insurance and gradually implements social coordination. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.
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