Job Recruitment Website - Social security inquiry - Do Japanese electrical products buy social security as soon as they enter Tangxia, Dongguan?
Do Japanese electrical products buy social security as soon as they enter Tangxia, Dongguan?
Employers must pay social insurance for employees, which is a mandatory obligation in law and a legal obligation of both parties. Both parties in labor relations cannot negotiate flexibility.
First, there are great legal risks for employers not to pay social security.
1. Employees can report to the labor inspection at any time and ask the employer to pay, and the result is often payment within a time limit;
2. According to Article 38 of the Labor Contract Law, if the employer fails to pay social insurance premiums for the employee according to law, the employee may terminate the labor contract, and the employer shall also pay economic compensation.
3. If the employer pays social insurance premiums such as medical treatment and work-related injuries, the corresponding expenses shall be borne by the social security fund once such situations occur during the employment period of the workers. On the other hand, if social security is not paid, it will be borne by the employer in accordance with social security standards.
Second, the legal basis
1. "Labor Law" Article 72 Sources of funds Social insurance funds shall determine the sources of funds according to the types of insurance, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.
2. Article 73 of the Labor Law stipulates that workers shall enjoy social insurance benefits according to law under the following circumstances: retirement; Sick and injured; Work-related disability or occupational disease; Unemployment; Fertility. After the death of an employee, his survivors shall enjoy the survivors' allowance according to law. The conditions and standards for workers to enjoy social insurance benefits shall be stipulated by laws and regulations. Social insurance premiums enjoyed by workers must be paid in full and on time.
3. Article 38 of the Labor Contract Law (3) If the employer has any of the following circumstances, the employee may terminate the labor contract: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; Failing to pay social insurance premiums for workers according to law; The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; Other circumstances under which the laborer may terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
4. Article 46 of the Labor Contract Law (1) In any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it; (6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law; (seven) other circumstances stipulated by laws and administrative regulations.
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