Individual households must give employees on social security

Self-employed businessmen are required to pay the basic social pension insurance for their employees.

Because self-employed businessmen hire employees, then the self-employed need to sign a labor contract with the employee, the two sides to establish a labor relationship.

Then according to the "Chinese people's *** and the State Social Insurance Law" Article 4: Chinese people's *** and the State of the employer and the individual in accordance with the law to pay social insurance premiums, have the right to query the payment record, personal rights and interests record, require social insurance agencies to provide social insurance consulting and other related services. Individuals enjoy social insurance benefits in accordance with the law, and have the right to supervise the payment of contributions for them by their own units.

Individual businessmen are employers and should pay social insurance for their employees.

Consequences of employers refusing to pay social security

1, administrative responsibility

According to Article 84 of the Social Insurance Law, employers who do not apply for social insurance registration shall be ordered by the administrative department of social insurance to make corrections within a specified period of time; and if no corrections are made after the specified period of time, the employer shall be subject to a fine of not less than double and not more than triple of the amount of social insurance premiums payable, and shall also be liable to a fine of not less than $100,000 for all the employees and other persons in charge of the employer and other persons in charge of the employer directly. Responsible officers and other persons directly responsible for the fine of five hundred yuan or more than three thousand yuan.

According to Article 23 of the Provisional Regulations on the Collection and Payment of Social Insurance Premiums, if a contributing unit fails to register for social insurance, change its registration or cancel its registration in accordance with the regulations, or fails to declare the amount of social insurance premiums it should pay in accordance with the regulations, it shall be ordered by the administrative department of labor security to make corrections within a certain period of time; and if the circumstances are serious, the persons in charge directly responsible for the unit and others directly responsible for the unit shall be sentenced to a fine of not less than 1,000 yuan and not more than 5,000 yuan. Above 5000 yuan fine; the circumstances are particularly serious, the directly responsible supervisors and other personnel directly responsible for the fine of 5000 yuan above 10000 yuan below.

2, civil liability.

Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III) stipulates that if a dispute arises from a worker's demand for compensation for losses from an employer on the grounds that the employer has failed to carry out the social insurance formalities for the worker and that the social insurance agency is unable to make up for this failure, resulting in the worker not being able to enjoy the benefits of the social insurance, the People's Court shall hear the dispute.

China's People's Congress - Social Insurance Law of the People's Republic of China

China.gov.cn - Interim Regulations on the Collection and Payment of Social Insurance Premiums