Job Recruitment Website - Social security inquiry - Is the company afraid that employees will report that they have not paid social security in full?
Is the company afraid that employees will report that they have not paid social security in full?
It is illegal for a company to be reported by employees for not paying social security, and the company should pay it as soon as possible. If the employee terminates the labor contract because the unit fails to pay social security, he may ask the unit to pay economic compensation. The general economic compensation is calculated according to the actual working years of the laborer in the unit, and the compensation is paid 1 month for one year. If the unit fails to pay social security, resulting in the employee being unable to enjoy social insurance benefits and suffering losses, the employee may request the unit to compensate for his own losses.
If the company fails to pay social insurance for its employees and is reported by the employees, it can be handled according to the Regulations on the Administration of Social Insurance Fee Declaration and Payment and the Social Insurance Law of People's Republic of China (PRC). Labor disputes should be arbitrated first, and then mediated or arbitrated by the local labor dispute arbitration committee. If the employee refuses to accept the arbitration, he can bring a lawsuit to the people's court within 15 days. If the employer refuses to accept the arbitration, it may first apply to the intermediate people's court for cancellation of the arbitration award, and then bring a lawsuit to the people's court.
If the company doesn't pay social insurance, workers should demand compensation:
(1) If an employee proposes to terminate the labor relationship on the grounds that the employer has not paid social insurance, he may apply for labor arbitration and demand payment of economic compensation; Work 1 year, pay 1 month salary.
(2) The economic compensation shall be paid to the laborer according to the standard of paying one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
(three) the employer fails to apply for social insurance registration, and 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.
(4) If the company fails to pay social security, it may request to pay social security. It is also illegal for the company not to sign a contract all the time. You can ask the company to pay double wages and not sign a written labor contract. If the company terminates the labor contract illegally, it still has to bear compensation, and the standard of compensation is twice that of economic compensation. If an employee resigns, he may ask the unit to pay economic compensation.
(5) If you have worked in the company for one year, the company still has to pay unemployment insurance benefits.
To sum up, it is Bian Xiao's relevant answer to the company's concern that employees report that they have not paid social security in full. I hope I can help you.
Legal basis:
Article 86 of the Social Insurance Law, 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 0.5% 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.
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