What if the enterprise fails to pay social security to its employees in 2023?

If the enterprise fails to pay social security to its employees, the employees may ask the employer to help them open social security accounts to make up the social security expenses; You can also report or complain to the labor administrative department; Apply for labor arbitration when necessary. Specifically, employees should choose which way to protect their rights according to their actual situation.

1. What if the enterprise fails to pay social security to its employees?

When the unit fails to pay social insurance for employees, employees can:

1. Ask the employer to help employees open social security accounts and pay social security fees;

2. Report or complain to the labor administrative department;

3. Apply for labor arbitration when necessary.

2. What is the company's responsibility for not paying social security to employees?

The legal liability of employers for not paying social security mainly exists in two aspects: one is administrative liability, and the other is civil liability.

(1) Let me talk about administrative responsibility first.

Article 84 of the Social Insurance Law: If the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.

Article 23 of the Interim Regulations on the Collection and Payment of Social Insurance Fees: If the payer fails to register, change or cancel the registration of social insurance in accordance with the regulations, or fails to declare the amount of social insurance premiums that should be paid in accordance with the regulations, the administrative department of labor security shall order it to make corrections within a time limit; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel may be fined more than 5000 yuan 1000 yuan; If the circumstances are particularly serious, the directly responsible person in charge and other directly responsible personnel may be fined not less than 5000 yuan but not more than 65438 yuan but not more than 0,000 yuan.

Article 62 of the Regulations on Work-related Injury Insurance: If an employer fails to participate in work-related injury insurance in accordance with the provisions of these regulations, the social insurance administrative department shall order it to participate within a time limit, pay back the work-related injury insurance premium that should be paid, and add a late fee of five ten thousandths per day from the date of default; Failing to pay within the time limit, a fine of 1 times shall be imposed.

Article 27 of the Regulations on Labor Security Supervision: If an employer conceals the total wages or the number of employees when reporting the amount of social insurance premiums that should be paid to the social insurance agency, the administrative department of labor security shall order it to make corrections and impose a fine of not less than 0 times but not more than 3 times the amount of concealed wages.

Article 17 of the Measures for Violation of Administrative Punishment: If the employer fails to pay social insurance premiums without reason, it shall be ordered to pay within a time limit; Those who fail to pay within the time limit, in addition to ordering them to pay the arrears, may be charged a late fee of two thousandths of the arrears every day. Late payment fee income is incorporated into the social insurance fund.

As can be seen from the above provisions, the administrative responsibilities are mainly fines and late fees. Although the amount is not high, it does not mean that the fine can be exempted. This is actually an extra expense. The biggest responsibility is civil liability, which is serious enough to cause the employer to go bankrupt.

(2) Let's focus on civil liability.

First, according to article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, the people's court shall accept the disputes arising from the fact that the employer fails to go through the social insurance procedures for the workers, and the social insurance agencies cannot make up for them, thus making them unable to enjoy social insurance benefits.

In other words, if the unit fails to pay social insurance and cannot repay the losses caused to the workers, the workers can file a lawsuit and demand compensation from the employer according to law.

Second, according to the provisions of Articles 38 and 46 of the Labor Contract Law, if the employee voluntarily resigns on the grounds that the employer fails to pay social security, the employer still needs to pay economic compensation to the employee according to the standard of paying one month's salary every full year (for more than six months but less than one year, it is calculated as one year; Less than six months, pay economic compensation for half a month's salary to the workers).

Third, according to Article 60 of the Regulations on Work-related Injury Insurance, if the employees of the employer suffer work-related injuries during the period when they have not participated in work-related injury insurance, the employer shall pay the expenses according to the treatment items and standards of work-related injury insurance stipulated in these Regulations. In other words, in the event of a work-related injury, due to the employer's failure to pay social security, its work-related injury compensation will be paid by the employer according to law. In practice, it is common for employers to compensate hundreds of thousands of millions of employees for their work deaths. This is a great responsibility.

Enterprises pay social security for employees, which is an obligation stipulated by law. If the social security fees are not paid in accordance with the regulations, employees can take certain measures to protect their rights, and enterprises also need to bear corresponding legal responsibilities, including administrative responsibilities and civil responsibilities. The administrative responsibility is mainly to impose fines on enterprises, and at the same time, it will also require a certain late payment fee.