Job Recruitment Website - Social security inquiry - Can a company ask double indemnity if it fails to pay social security in violation of the law?
Can a company ask double indemnity if it fails to pay social security in violation of the law?
1, if the unit fails to pay the social security on time, it may require the unit to pay the social security during the working period. There is no compensation for double pay. 2. If the unit fails to sign a labor contract within one month of the employee's employment, and fails to sign a written labor contract with the employee for more than one month and less than one year, the employee may demand double salary compensation. (1) The Labor Contract Law stipulates: Article 82 If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary. Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded. (2) The Social Insurance Law stipulates: Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay 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.
Legal objectivity:
Article 85 of the Labor Contract Law stipulates that if the employing unit is under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employing unit shall be ordered to pay compensation to the laborer according to the standard of more than 50% 100% of the payable amount: (1) failing to pay the laborer's labor remuneration in full and on time in accordance with the labor contract or state regulations; (2) Paying workers' wages below the local minimum wage standard; (3) Arranging overtime without paying overtime; (four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.
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