Job Recruitment Website - Social security inquiry - Can the company retire normally if it owes social security?
Can the company retire normally if it owes social security?
If the employee's social security payment is cut off due to the employer's reasons, the employer may pay the overdue fine after undertaking it;
Flexible employees are not allowed to pay back due to their own reasons, but although they can't pay back, they can pay back the following years every year, and they can also enjoy old-age insurance benefits after 15 years;
Workers can complain to the labor inspection department where the employer is located, claim their legitimate rights and interests, or complain to the department in charge of social insurance collection of the tax authorities;
If the employer fails to pay social insurance premiums for the workers according to law, resulting in the workers being unable to enjoy social insurance benefits and suffering losses, the workers may also request the employer to compensate for the losses;
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 not less than one time but not more than three times the unpaid amount.
Under what circumstances can I apply for retirement?
1, male cadres and workers are over 60 years old, female cadres and workers are over 55 years old, and female employees are over 50 years old, with continuous service or working years 10 year;
2. Employees who are engaged in underground, high altitude, high temperature, heavy manual labor and other jobs harmful to health, men are over 55 years old, women are over 45 years old, and their continuous working years or working years are over 10 years;
3. Workers who have reached the age of 50 for men and 45 for women, with continuous working years or years 10, and have completely lost their ability to work as certified by the hospital and confirmed by the labor appraisal committee;
4, because of work disability, proved by the hospital completely lost the ability to work.
5, do not have retirement conditions, proved by the hospital, and confirmed by the labor appraisal committee, workers who have completely lost their ability to work should resign. After resigning, I will be given a monthly living allowance equivalent to 40% of my standard salary. If it is less than 20 yuan, it will be given to 20 yuan.
To sum up, employers should pay social security in time, and workers should avoid withholding social security for their own reasons.
Legal basis:
Article 63 of People's Republic of China (PRC) Social Insurance Law
If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.
If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.
If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.
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