Job Recruitment Website - Social security inquiry - What if employees refuse to buy social security?
What if employees refuse to buy social security?
1. For employees who are unwilling to pay social insurance, the enterprise can take the employee handbook as one of the employment conditions, and can stipulate that "unwilling to pay social insurance" or "failing to submit the materials required by the enterprise to handle social insurance within the prescribed time limit" as the employment conditions during the probation period. 2. For employees who have passed the probation period and are unwilling to pay social insurance, enterprises generally cannot directly terminate the labor contract on the grounds that employees are unwilling to pay social insurance. The best way is for enterprises to negotiate with employees to terminate their labor contracts.
Legal basis: Article 58 of the Social Insurance Law of People's Republic of China (PRC): The employing unit shall register social insurance for employees within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
Article 62 of People's Republic of China (PRC) Social Insurance Law: If the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the amount that should be paid shall be determined according to 1 10% of the amount paid by the employer last month; After the payment unit completes the declaration procedures, the social insurance fee collection agency shall make settlement in accordance with the provisions.
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