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The consequences of the company not paying social security
According to the provisions of the Social Insurance Law of People's Republic of China (PRC), the employer shall pay basic old-age insurance, basic medical insurance, unemployment insurance, industrial injury insurance and maternity insurance for employees. If the company does not pay social insurance, employees will not be able to enjoy social insurance benefits and may face the following legal consequences: 1. Administrative penalty: The labor and social security department may impose administrative penalties on the company, including fines and orders to pay social insurance premiums. 2. Civil compensation: If an employee is injured or sick at work and cannot get social insurance benefits, he has the right to ask the company to bear the corresponding liability for compensation. 3. Criminal liability: A company with serious circumstances may constitute a criminal offence, such as the crime of embezzlement by post and the crime of falsely reporting its registered capital. It should be noted that not paying social security will not only bring legal consequences to the company, but also affect the rights and interests of employees. Therefore, companies should pay social security fees on time to avoid unnecessary troubles.
Employees can't enjoy social insurance benefits because the company doesn't pay social insurance, but can employees get corresponding treatment by paying social insurance themselves? A: Employees paying social security by themselves cannot replace the company's obligation to pay social security, but employees can voluntarily participate in social security according to their own needs and get corresponding treatment, such as basic pension and medical insurance.
The company's failure to pay social security will affect employees' social insurance rights and interests, and it will also face legal consequences. Companies should pay social insurance premiums on time to avoid bringing unnecessary risks to themselves and their employees. Can the company compensate for not paying social security?
Legal basis:
Article 91 of the Social Insurance Law of People's Republic of China (PRC) stipulates that if an employer fails to participate in social insurance according to law, the social insurance administrative department shall order it to participate within a time limit, pay back the social insurance premium that should be paid, and impose a late fee in accordance with the regulations; Those who fail to participate within the time limit may be fined.
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