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How much is the company fined for not paying social security?
If the company fails to pay social security for employees, employees can take the following measures to report:
1. complain to the labor inspection department where the company is located. The labor inspection department is responsible for supervising and inspecting the employer's compliance with labor laws and regulations. If the company fails to pay social security in full and on time, it can complain to the labor inspection department. When complaining, you need to provide relevant evidence, such as salary slips and labor contracts, to prove that the company has not fulfilled its social security payment obligations.
2. Complain to the social security collection agency. The social security fee collection agency is responsible for collecting social security fees. If the company fails to pay social security in full and on time, it can complain to the social security collection agency. When complaining, you need to provide relevant evidence, such as salary slips and labor contracts, to prove that the company has not fulfilled its social security payment obligations.
3. Apply to the Labor Dispute Arbitration Commission for arbitration. In case of disputes between employees and the company on social security issues, they may apply to the Labor Dispute Arbitration Committee for arbitration. When applying for arbitration, you need to provide relevant evidence such as salary slips and labor contracts to prove that the company has not fulfilled its social security payment obligations.
4. Bring a lawsuit to the court. If employees think that their rights and interests have been infringed by the company's failure to pay social security, they can bring a lawsuit to the court. In the course of litigation, it is necessary to provide relevant evidence, such as salary slips and labor contracts, to prove that the company has not fulfilled its social security payment obligations.
To sum up, if the employer fails to apply for social insurance for the workers, and the workers demand compensation for the losses, they can bring a lawsuit directly to the people's court.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 63
If the 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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