Job Recruitment Website - Social security inquiry - Is it necessary for the company not to pay social security?
Is it necessary for the company not to pay social security?
First, the importance of social security.
Social security is one of the basic rights and interests of employees, including pension insurance, medical insurance and unemployment insurance. To provide basic protection for employees in case of illness, unemployment and retirement. Without social security, employees will lose important financial support when facing these risks.
Second, the risk that the company does not pay social security.
If the company does not pay social security, employees will face great risks. First of all, employees' rights and interests cannot be guaranteed. Once an accident or illness occurs, they will have to bear high medical expenses. Secondly, the retirement life of employees will also be affected. Without the support of pension, the quality of life may drop sharply. In addition, the company's failure to pay social security may also violate relevant laws and regulations, and employees may be implicated.
Third, the choice and balance of employees.
Faced with the company's failure to pay social security, employees need to weigh the pros and cons and make wise choices. On the one hand, employees can consider leaving their jobs and find a formal enterprise that can pay social security for employees according to law. On the other hand, if employees think that the company has other advantages, such as development prospects and salary, they can also negotiate with the company and ask the company to pay social security for employees according to law.
Fourth, legal channels and rights protection.
If employees decide to leave their jobs or fail to negotiate with the company, they can safeguard their rights and interests through legal channels. Employees can complain to the labor inspection department about the company's illegal behavior and ask the company to pay back social security and bear corresponding legal responsibilities. At the same time, employees can also seek legal aid to safeguard their legitimate rights and interests through legal means.
To sum up:
The company's failure to pay social security poses a serious threat to employees' lives and future development, and employees need to seriously consider whether to continue working in the company. Faced with this situation, employees can choose to leave the company to find a better working environment, or they can negotiate with the company and ask them to pay social security for their employees according to law. If negotiation fails, employees can safeguard their rights and interests through legal channels. No matter which way you choose, employees should pay attention to their own rights and interests protection and career development.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 58 provides that:
The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
People's Republic of China (PRC) labor contract law
Article 38 provides that:
Under 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;
(3) Failing to pay social insurance premiums for laborers according to law;
......
Labor law of the people's Republic of China
Article 72 provides that:
The social insurance fund shall determine the source 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.
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