What are the consequences of self-employed people not paying social security to their employees?

1. What are the consequences of self-employed individuals not paying social security to their employees?

The consequences of self-employed people not paying social security for employees are as follows:

(1) The laborer terminates the labor contract and demands economic compensation;

(two) compensation for the loss of social insurance benefits for workers;

(3) Being punished by an administrative organ;

(4) The specific situation shall be subject to the relevant local legal institutions.

2. What is the social security contribution ratio?

1, endowment insurance, paid by enterprises and employees, with enterprises paying 20% and individuals paying 8%;

2, medical insurance, paid by enterprises and employees, enterprises pay 7.5%, individuals pay 2%;

3, unemployment insurance, paid by enterprises and employees, enterprises pay 2%, individuals pay 0%;

4. Work-related injury insurance is paid by the enterprise itself, and the enterprise pays1%;

5, maternity insurance, paid by enterprises themselves, enterprises pay 0.8%.

According to the relevant laws and regulations on the collection and payment of social insurance, individual industrial and commercial households must handle endowment insurance and medical insurance for employees. The labor inspection department said that self-employed individuals will also be punished if they do not apply for social security, and those who refuse to participate in the insurance and the circumstances are serious will be fined up to 1 10,000 yuan. If the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract and ask the employer to pay economic compensation. At the same time, workers can complain to the labor inspection department where the employer is located to claim their legitimate rights and interests, or they can complain to the department in charge of social insurance collection and payment of the tax authorities.

If the unit fails to pay social security, the employer shall pay social security for the employee within 30 days from the date of establishing labor relations with the employee, and the employee may ask the employer to pay five insurances. If the employer delays payment for various reasons, the employee can register the complaint in the real-name registration system of the local labor inspection brigade with the original ID card and the proof of the factual labor relationship with the employer. First of all, workers can apply for labor arbitration and demand to pay back the five insurances.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 4 Employers and individuals in People's Republic of China (PRC) shall pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services.

Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

Tenth employees should participate in the basic old-age insurance, the basic old-age insurance premiums paid by the employer and employees.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.

The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.

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.

People's Republic of China (PRC) (China) Labor Contract Law

Article 4 Rules and Regulations The employing unit shall establish and improve the labor rules and regulations according to law, so as to ensure that workers enjoy their labor rights and fulfill their labor obligations.

When an employing unit formulates, modifies or decides the rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing.

In the process of implementing rules and regulations and major issues, trade unions or employees have the right to propose to the employer and revise and improve them through consultation.

The employing unit shall publicize or inform the rules and regulations and major issues directly related to the vital interests of workers.