What if the company doesn't agree to pay five insurances and one gold?

What if the company doesn't agree to pay five insurances and one gold?

It is a common problem that employees work in the company and the company does not agree to pay five insurances and one gold for them. Five insurances and one gold are the national legal social insurance systems, including endowment insurance, medical insurance, unemployment insurance, work injury insurance, maternity insurance and housing accumulation fund. However, some units may refuse to pay five insurances and one gold for their employees for various reasons.

First of all, employees need to understand relevant laws, regulations and policies. According to the Labor Law of People's Republic of China (PRC) and the Social Insurance Law of People's Republic of China (PRC), employers must pay social insurance premiums for employees, including five insurances and one gold. If the unit refuses to pay, employees can safeguard their legitimate rights and interests through the following channels.

Communication and negotiation: firstly, employees can communicate and negotiate with the unit, clearly put forward their rights and interests, and understand the specific reasons why the unit does not agree to pay five insurances and one gold. In the process of communication, employees can refer to relevant laws and regulations and explain to the unit that it is a legal obligation to pay five insurances and one gold for employees. At the same time, you can explain to the unit the importance of five insurances and one gold, and the possible impact on employees and families if you don't pay five insurances and one gold.

Seek help: If communication fails, employees can complain and report to the local labor inspection department or social insurance agency, and request the unit to supervise and inspect. These institutions will investigate and deal with illegal activities of the units and assist employees to safeguard their legitimate rights and interests.

Litigation: When necessary, employees can bring a lawsuit to the people's court and ask the unit to pay five insurances and one gold for themselves according to law. In the process of litigation, employees need to provide sufficient evidence to prove that the unit has violated the law, such as labor contracts, salary slips, social security payment records, etc. The court will make a judgment according to relevant laws, regulations and facts to safeguard the legitimate rights and interests of employees.

To sum up:

When the company does not agree to pay five insurances and one gold for employees, employees can safeguard their legitimate rights and interests through communication and consultation, seeking help and filing a lawsuit. At the same time, employees should also understand relevant laws, regulations and policies in order to better safeguard their rights and interests.

Legal basis:

Article 72 of the Labor Law of People's Republic of China (PRC) stipulates: "Employers and laborers must participate in social insurance and pay social insurance premiums according to law."

Article 58 of the Social Insurance Law of People's Republic of China (PRC) stipulates: "The employing unit shall handle social insurance registration for employees within 30 days from the date of employment. If the social insurance registration is not handled, the social insurance agency shall verify the social insurance premium that it should pay. "

Article 38 of the Labor Contract Law of People's Republic of China (PRC) stipulates: "If the employer fails to pay social insurance premiums for the employees according to law, the employees may terminate the labor contract."

Article 46 of the Labor Contract Law of People's Republic of China (PRC) stipulates: "If the employee terminates the labor contract because the employer fails to pay social insurance premiums for the employee according to law, the employer shall pay economic compensation to the employee."