Job Recruitment Website - Social security inquiry - How do companies and individuals calculate the proportion of social security contributions?
How do companies and individuals calculate the proportion of social security contributions?
2. Medical insurance: the unit pays 6% and the individual pays 2%. From the date of insurance payment, employees can enjoy basic medical insurance benefits after 6 months.
3. Work-related injury insurance: paid by the employer. The industrial injury insurance rate is divided into 8 grades of 0.6%-3.6% * *, and the social security agency will verify the rate according to the characteristics of the industry to which the unit belongs.
4. Maternity insurance: paid by the employer. Maternity insurance rate is 0.3%. Male workers participate in maternity insurance, and if their wives are not insured, they can also enjoy certain maternity allowance when giving birth.
5. Unemployment insurance: the unit pays 0.6% and the individual pays 0.4%. Unemployment insurance can only be enjoyed after paying for one year. Generally, it is paid for two months in one year and four months in two years, but the longest period of enjoyment cannot exceed 24 months.
What if the unit doesn't pay social security?
1. terminate the labor contract on the grounds that the unit is illegal and demand to pay economic compensation.
According to Item 3 of Article 38 of People's Republic of China (PRC) Labor Contract Law, if the employee fails to pay social insurance according to law, the employee may terminate the labor contract and demand to pay economic compensation. This is a better way to terminate the labor contract. If the company fails to pay social security according to law, including failure to pay or failure to pay in full, it can not only terminate the labor relationship, but also demand economic compensation.
2. If the failure to pay social security according to law causes losses to the workers, the employer may be required to compensate for the losses.
The people's court shall accept the disputes arising from the failure of the employer to handle the social insurance procedures for the workers and the inability of the social insurance agency to make up for them, which leads to the inability of the workers to enjoy social insurance benefits. For example, if the employer fails to pay medical insurance for the employee according to law, it may require the employer to bear the part that should be borne by the medical insurance when the employee falls ill, and may support the loss of unemployment insurance, or even support the loss supported by the local court judgment.
3. Report to the social security agency and ask the employer to pay back the social security.
According to Article 85 of the Social Insurance Law of People's Republic of China (PRC), 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 or make up within a time limit, and from the date of default, an overdue fine of five ten thousandths shall be charged on a daily basis; 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. After paying social security, the arrears of social security funds enter the social security accounts of workers, which ultimately benefits the workers, but in practice, many workers do not attach importance to this right.
Because it is the employee's obligation to pay social security for the employees of the unit, when the employees find that the unit has not paid social security for themselves, they can report to the social security agency and ask the employer to pay back. You can also choose to terminate the labor contract and ask for economic compensation. If the failure to pay social security according to law causes losses to workers, the employer may be required to compensate for the losses.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 2 of the Social Insurance Law of People's Republic of China (PRC) The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance, maternity insurance, etc., to protect citizens' right to get material help from the state and society according to law in case of old age, illness, industrial injury, unemployment and maternity.
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