Job Recruitment Website - Social security inquiry - Which department should the unit find to solve if it does not pay social security?
Which department should the unit find to solve if it does not pay social security?
1. First, negotiate with the employer and ask it to pay back the social insurance;
2. If negotiation fails, complain to the local social insurance administrative department and ask the employer to make corrections within a time limit;
3. If the employer fails to make corrections within the time limit, the administrative department of social insurance shall impose a fine on it and the person directly responsible;
4. The laborer can also unilaterally terminate the labor contract and ask the employer to pay economic compensation.
Legal responsibility of social security payment:
1. Units shall pay social insurance premiums in full and on time: According to relevant laws and regulations, employers are obliged to pay social insurance premiums for employees;
2. Legal consequences of overdue payment of social insurance premiums: if the unit fails to pay social insurance premiums as required, it may face legal consequences such as late payment fees and fines;
3. Ways to protect employees' rights: employees can protect their rights and interests by complaining to the social insurance administrative department, applying for administrative reconsideration or bringing an administrative lawsuit;
4. Supervision responsibilities of the social insurance administrative department: The social insurance administrative department is responsible for supervising whether the employer pays social insurance premiums according to law, and has the right to punish illegal acts.
To sum up, if the unit fails to pay social security, it should first negotiate with the employer to pay it back. If negotiation fails, you can complain to the administrative department of social insurance and ask for correction within a time limit. If no correction is made within the time limit, a fine shall be imposed, and the laborer may also terminate the labor contract and demand economic compensation.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 86
If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.
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