Job Recruitment Website - Social security inquiry - Is it useful for the Social Security Bureau to report the company's failure to pay social security?
Is it useful for the Social Security Bureau to report the company's failure to pay social security?
First, the significance of reporting by the Social Security Bureau
The Social Security Bureau is responsible for the management and supervision of social insurance, and has the right to investigate and deal with the company's failure to pay social insurance. Employees reporting to the Social Security Bureau can let the Social Security Bureau know about the company's illegal behavior and take corresponding measures to correct it, thus protecting the legitimate rights and interests of employees.
Second, the reporting methods and matters needing attention
Employees can report by submitting written reporting materials or online reporting to the Social Security Bureau. When reporting, employees need to provide relevant evidence, such as salary slips and labor contracts, to prove the fact that the company has not paid social security. At the same time, employees need to pay attention to protecting their privacy and rights and interests to avoid unnecessary harm in the process of reporting.
Third, the social security bureau's handling process
After receiving the employee's report, the Social Security Bureau will conduct a preliminary verification and conduct an investigation. If the investigation results confirm that the company has not paid social security, the Social Security Bureau will require the company to pay social security fees and punish the company. At the same time, the Social Security Bureau will also inform the reporter of the processing results, so that he can understand the whole processing process.
Fourthly, the function and influence of reporting.
By reporting the company's failure to pay social security to the Social Security Bureau, employees can not only safeguard their legitimate rights and interests, but also promote the company's compliance operation. At the same time, it can also remind other enterprises to pay attention to the social security rights and interests of employees and promote the fairness and harmony of the whole society.
To sum up:
It is an effective way to safeguard employees' rights and interests for the Social Security Bureau to report the company's failure to pay social security. When employees find that the company has not paid social security, they should actively report to the Social Security Bureau and provide relevant evidence. The Social Security Bureau will handle such acts in accordance with the law and protect the legitimate rights and interests of employees.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 63 provides that:
If the employer fails to pay social insurance premiums in full and on time, the social insurance 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 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 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 collection agency may apply to the people's court to seal up, detain or auction the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction will be used to offset the social insurance premium.
People's Republic of China (PRC) labor contract law
Article 74 provides that:
The labor administrative department of the local people's government at or above the county level shall supervise and inspect the following implementation of the labor contract system according to law:
(a) the rules and regulations formulated by the employer and directly related to the vital interests of workers and their implementation;
(2) The conclusion and dissolution of the labor contract between the employer and the employee;
(three) the labor dispatch units and employers to comply with the relevant provisions of labor dispatch;
(four) the employer's compliance with the provisions of the state on the working hours and rest and vacation of workers;
(five) the employer's payment of labor remuneration agreed in the labor contract and the implementation of the minimum wage standard;
(six) the employer's participation in various social insurances and payment of social insurance premiums;
(seven) other labor supervision matters stipulated by laws and regulations.
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