Social security is not paid in time how to do

One, the employer violates the provisions of labor laws, do not pay or do not pay in accordance with the provisions of the law are illegal, are required to bear the corresponding legal responsibility:

1, the worker has the right to terminate the labor contract, the employer should pay economic compensation.

Based on the provisions of Article 38 of the Labor Contract Law: the employer has one of the following circumstances, the worker can terminate the labor contract:

(a) not in accordance with the labor contract agreement to provide labor protection or labor conditions;

(b) not timely and in full payment of labor remuneration;

(c) not in accordance with the law for the workers to pay the social insurance premiums

(4) Where the rules and regulations of the employer violate the provisions of laws and regulations and jeopardize the rights and interests of the workers;

(5) Where the labor contract is invalidated due to the circumstances stipulated in the first paragraph of Article 26 of the present Law;

(6) In other cases where the laws and administrative regulations stipulate that the workers may terminate the labor contract.

Article 46 stipulates that the employer shall pay economic compensation to the worker under any of the following circumstances:

(1) If the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

The above law gives the worker the right to terminate the labor contract immediately without written notice if the employer fails to pay the worker's social insurance premiums in accordance with the law, without prior notice. No prior notice is required. In addition, the employer shall pay economic compensation to the laborer, and in case of non-payment of economic compensation, shall pay compensation twice the amount of economic compensation.

2. Workers have the right to demand compensation from the employer for their losses on the grounds that the employer has failed to carry out social insurance procedures for them and the social insurance agency is unable to make up for this failure, making it impossible for them to enjoy social insurance benefits. (For more details, please refer to my work "judicial interpretation of labor disputes (three)" qi jingzhi lawyer interpretation)

Based on the supreme people's court on the trial of labor disputes on the application of law interpretation of several issues (three), article 1:

laborer to the employer did not apply for the social insurance procedures for their social insurance, and the social insurance agency can not be replaced, resulting in the employer can not enjoy the social security The people's courts shall accept disputes arising from the employer's failure to carry out social insurance procedures for the worker and the inability of the social insurance agency to make up for the failure to enjoy the social insurance benefits.

Before the introduction of this judicial interpretation, the labor arbitration agencies and courts generally rejected the workers' request for the employer to compensate the workers for the unpaid social security directly. Although they would support a worker's request for the employer to make up for the social security payment, the social security agencies explicitly refused to handle the payment, which made the worker's request virtually impossible to realize.

The introduction of this judicial interpretation will have a huge and far-reaching impact on the employer in the payment of social security!

3, the social security agency to the employer's administrative penalties.

(1) The social security agency has the right to impose a direct fine on the employer and the person in charge for not registering for social security.

Article 84 of the Social Insurance Law stipulates that if an employer fails to register for social insurance, the administrative department of social insurance shall order it to make corrections within a certain period of time; if it fails to make corrections within that period of time, it shall impose a fine of not less than double and not more than triple the amount of social insurance premiums payable on the employer, and impose a fine of not less than five hundred and not more than three thousand yuan on the persons directly in charge of the employer and others directly responsible for the employer.

(2) The social security agencies are authorized to impose direct fines on employers who fail to pay social insurance premiums in full and on time.

Article 85 of the Social Insurance Law stipulates that if an employer fails to pay social insurance premiums in full and on time, the social insurance collection agency shall order the employer to pay them within a certain period of time or to make up for them, and shall impose a late fee of five ten-thousandths of one percent of the total amount of the premiums on a daily basis from the date of non-payment; and if the employer fails to pay the premiums after the expiration of the period of time, the administrative department shall impose a fine of at least one but not more than three times the amount of the premiums in arrears. Second, the social security collection agency on the unpaid or unpaid employer compulsory measures.

(1) The social security collection agency has the right to apply for direct deduction of the employer's bank account.

Article 63 of the Social Insurance Law stipulates that if an employer still fails to pay or make up the full amount of social insurance premiums after the expiration of the deadline, the social insurance premium collection agency may inquire into the deposit accounts of banks and other financial institutions; and it may also 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 in writing to the banks of its account or other financial institutions of the allocation of social insurance premiums. Where the balance of an employer's account is less than the amount of social insurance premiums that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign an agreement on deferring the payment of premiums.

(2) The social insurance premium collection agency has the right to apply to the court for the seizure, attachment or auction of the property of the employer.

Article 63 of the Social Insurance Law stipulates that if an employer fails to pay the full amount of social insurance premiums and fails to provide a guarantee, the social insurance collection agency may apply to the people's court for the seizure, attachment and auction of property whose value is equal to the amount of social insurance premiums that should be paid, and use the proceeds of the auction to offset the payment of social insurance premiums.

With the introduction of judicial interpretations clarifying that workers can demand compensation from employers for failure to pay social security contributions in accordance with the law, and the widespread publicity of the Social Insurance Law in the media, the time has come for workers to massively demand compensation from employers for social security losses in the form of lawsuits or labor arbitration!

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