Job Recruitment Website - Social security inquiry - The company signed a labor contract but didn't buy social security.
The company signed a labor contract but didn't buy social security.
According to the provisions of the Social Insurance Law, no matter whether the employer and the employee sign a written labor contract, as long as there is a labor relationship between them, they must pay social security according to the regulations. The 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.
Social insurance is compulsory insurance required by the state. The state develops social insurance undertakings, establishes a social insurance system and sets up a social insurance fund, so that workers can get help and enjoy insurance benefits in cases of old age, illness, work injury, unemployment and maternity. China's "Labor Law" and "Social Insurance Law" clearly stipulate that it is the legal obligation of the employer to pay social insurance for workers, which is obviously compulsory by the state, and the employer shall not refuse to undertake this legal obligation under any excuse or reason.
Administrative penalties imposed by social security institutions on employers;
(1) The social security agency has the right to directly impose a fine on the employer and the person in charge who have not registered for social security.
(2) Social security agencies have the right to directly impose a fine on employers who fail to pay social insurance premiums in full and on time. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit accounts in banks and other financial institutions, and may apply to the relevant administrative departments at or above the county level for a decision to allocate social insurance premiums.
Legal basis:
Regulations on the administration of declaration and payment of social insurance premiums
Article 16 If the employing unit is under any of the following circumstances, the social insurance agency shall issue a notice of unpaid social insurance premiums within five working days from the date of finding out the facts of unpaid social insurance premiums, order the employing unit to pay them back within five working days after receiving the notice, and inform that if it fails to pay them within the time limit, it shall be handled in accordance with the provisions of Articles 63 and 86 of the Social Insurance Law:
(a) failing to declare and pay social insurance premiums in accordance with the provisions;
(2) Failing to pay social insurance premiums in full and on time after the declaration;
(three) due to concealment, omission of the number of employees, payment base and other matters and pay less social insurance premiums.
People's Republic of China (PRC) social insurance law
Article 63 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium 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 insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.
If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.
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