Job Recruitment Website - Social security inquiry - What if the company fails to pay social security for half a year?
What if the company fails to pay social security for half a year?
First, understand the reasons for not paying social security.
Employees should communicate with the company's human resources department or relevant person in charge to understand the specific reasons why the company has not paid social security. Possible reasons include financial difficulties, management omissions, personnel changes, etc. Knowing the reasons helps employees to deal with problems better.
Second, negotiate with the company to pay social security.
After employees understand the reasons, they should negotiate with the company to pay social security. You can ask the company to pay back the social security as soon as possible, and specify the time node and amount of payment. At the same time, employees can also know whether the company has other benefits or compensation measures to make up for this omission.
Third, complain to the labor inspection department.
If the company fails to actively solve the social security problem, employees can complain to the local labor inspection department. When employees complain, they should provide relevant evidence materials, such as salary slips and social security payment records, to prove that the company has not paid social security. The labor supervision department will investigate this and punish the company according to law.
Fourth, apply for labor arbitration or litigation.
If the above measures can't solve the problem, employees can consider applying for labor arbitration or litigation. When employees apply for labor arbitration, they need to submit relevant evidential materials and follow arbitration procedures. If they are not satisfied with the arbitration results, employees can also bring a lawsuit to the people's court to safeguard their rights and interests through legal channels.
To sum up:
In the face of the company's failure to pay social security for half a year, employees must first understand the reasons and negotiate with the company to pay back. If the company fails to actively solve the problem, employees can complain to the labor inspection department or apply for labor arbitration or litigation to safeguard their legitimate rights and interests.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 63 provides that:
If the employer fails to pay social insurance premiums in full and on time, the social insurance 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 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 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 collection agency may apply to the people's court to seal up, detain or auction the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction will be used to offset the social insurance premium.
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