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Can the social security court enforce it?
Compulsory implementation of social security wages requires application, except for basic living expenses, the rest can be frozen and sealed up. If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained. When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business.
The handling process of the court:
1, put on record. The parties concerned shall bring a lawsuit to a court with jurisdiction. If the filing court meets the conditions for filing, it shall notify the parties concerned to pay the legal fees within 7 days, and file the case after paying the fees. If it does not meet the conditions for filing a case, it shall be ruled not to accept or dismiss the prosecution. If the party refuses to accept it, he may appeal to the people's court at a higher level within 10 days;
2. accept. If the court sends a copy of the complaint to the other party within 5 days after accepting the complaint at that time, and the other party gives a reply within 15 days, the court will notify both parties to exchange evidence. The court may, at the request of the parties, make a ruling on property preservation and immediately start execution. The time and place of the hearing shall be notified to the parties 3 days in advance, and the case of public hearing by the undertaker shall be announced 3 days in advance;
3. Court session. When a court session is held, the court session is announced first, then the identity of the parties is checked, the members of the collegial panel are announced, the rights and obligations of the parties are informed, and whether to apply for withdrawal is asked. Then the court investigation, the parties state the facts of the case. Then evidence and cross-examination: inform witnesses of their rights and obligations, read the testimony of witnesses who did not appear in court, and produce documentary evidence, physical evidence and audio-visual materials; The two sides expressed their opinions on the evidence materials. After the cross-examination of evidence is completed, the court debate begins, and the two sides debate and demonstrate the disputed facts and legal issues;
4. sentences. The first is court mediation. Under the auspices of the court, the two parties agreed to resolve the dispute, reached a mediation agreement and made a mediation agreement, which will take effect after being signed by both parties, and the parties will perform the contents of the mediation agreement or apply for enforcement. If no mediation agreement is reached in the end, the collegial panel will make a judgment (verdict). After both parties agree to make a judgment, the parties will automatically perform the obligations specified in the judgment document or apply to the court for execution. If both parties disagree with the referee, they can appeal.
To sum up, the court can enforce social insurance premiums by imposing additional fines and transferring deposits. If the company refuses to pay social insurance premiums without justifiable reasons after receiving the overdue notice from the administrative department, the administrative department may apply to the court for compulsory execution.
Legal basis:
Article 236 of the Civil Procedure Law of People's Republic of China (PRC).
If the person subjected to execution or the property subjected to execution is in other places, the local people's court may be entrusted to execute it on his behalf. After receiving the power of attorney, the entrusted people's court must start execution within 15 days and may not refuse. After the execution is completed, the people's court shall be informed of the execution results in writing in a timely manner; If the execution is not completed within 30 days, the entrusted people's court shall also be informed of the execution.
If the entrusted people's court fails to execute it within 15 days from the date of receiving the power of attorney, the entrusted people's court may request the people's court at a higher level of the entrusted people's court to instruct the entrusted people's court to execute it.
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