What responsibility will the company cause if it fails to pay social security to its employees on time every month?

What are the legal consequences of enterprises not buying social security for employees?

(1) The company has to pay social security for its employees, and the labor bureau may also punish the company; (2) Employees can terminate the labor contract and require the company to pay economic compensation and social security.

Article 72 of the Labor Law stipulates that employers and workers must participate in social insurance and pay social insurance premiums according to law.

; Article 100 stipulates that if the employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit, and if it fails to pay within the time limit, it may impose a late fee.

; According to Articles 38 and 46 of the Labor Contract Law, if the employer fails to pay social insurance premiums for the employee according to law, the employee may terminate the labor contract and the employer shall pay economic compensation.

; Paragraph 2 of Article 15 of the Regulations of Shenzhen Special Economic Zone on Promoting Harmonious Labor Relations stipulates that if the employer fails to pay social insurance premiums for the workers according to law, the workers shall require the employer to pay them according to law; If the employer fails to pay within one month, the employee may terminate the labor contract, and the employer shall pay economic compensation according to law.

; ; ; Therefore, it is mandatory for companies to pay social security for employees, which is borne by units and individuals in proportion, with units accounting for the bulk and individuals accounting for the small head. The so-called agreement itself is illegal and invalid.

; ; ; The lawyer also analyzed that because the laborer voluntarily applied for not buying social insurance and could not enjoy the relevant social insurance benefits, it should be borne by the employer. Social insurance is an important system for the state to maintain social stability, protect the legitimate rights and interests of workers and reduce the risks of employers. It is mandatory for the country, and workers who voluntarily apply for not buying social insurance cannot oppose the national social security collection and payment system. As an employer, there is a legal basis for purchasing social security for workers and directly deducting the personal payable part from the wages of workers. It is not established that the employer cannot enjoy the relevant social insurance benefits because the employee voluntarily applies for not buying social insurance, and it should not bear the defense.

Buy work-related injury insurance separately, enterprises avoid employment risks, handle social security and handle work-related injury insurance. Article 63 of the Social Insurance Law strengthens the obligation of employers to pay social insurance premiums for employees, and stipulates the compulsory measures that employers can take if they don't pay. Social insurance fee collection agencies can inquire about their deposit accounts in banks and other financial institutions and apply to the relevant administrative departments for allocation. For those who cannot provide guarantee, they may also apply to the people's court to take measures such as sealing up, distraining and auction to offset social insurance premiums. If the employer fails to pay the social insurance premium in full and on time, an overdue fine of 5/10000 shall be charged on a daily basis from the date of default; 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. Those who defraud social insurance benefits and expenses shall be refunded the defrauded social insurance money and be fined between two times and five times the amount defrauded.

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If the company fails to pay social insurance, it will be responsible for work-related injuries, so how can the company prevent the risk of work-related injuries?

The Social Insurance Law was promulgated on October 28th, 20 10/0, and will be formally implemented on July 28th, 20 10/year, which means that China's social insurance system has entered an era of legal norms. Prior to this, some employers still failed to pay social insurance for workers in time. Experts pointed out that even if workers voluntarily propose and sign an agreement with enterprises, they cannot be exempted from the liability for compensation for work-related injuries because they do not meet the legal requirements, which is mainly reflected in three aspects.

First, workers can submit to arbitration and demand compensation. According to the provisions of Article 38 of the Labor Law, if the employer is at fault, the laborer may request economic compensation. If the enterprise fails to pay social insurance in time, employees will have the risk of compensation when they leave.

Second, when a work-related injury occurs, the risk of the enterprise is the greatest. Failing to pay social insurance, the enterprise shall bear the responsibility when a work-related injury occurs. It may have to bear tens of thousands or even hundreds of thousands of medical expenses.

Third, the enterprise has no right to recover the industrial injury caused by the third person. If the industrial injury is caused by a third person, and the enterprise has paid social insurance, the social insurance fund will pay in advance and then recover from the third person. Enterprises that have not paid social insurance have no right to recover from third parties, and the consequences shall be borne by enterprises.

Therefore, timely payment of social insurance is not only the protection of workers, but also the protection of enterprises. On the issue of work-related injuries, the lawyer reminded HR about how to define what kind of situation belongs to the category of work-related injuries, and try to proceed from the interests of employees and submit relevant materials to the labor security department for appraisal by the labor appraisal Committee, so as to protect workers to the greatest extent and avoid disputes.

In addition, for part-time, freelance and part-time employees, enterprises must pay attention to pay work-related injury insurance for them. Work injury insurance can be paid by multiple units at the same time. When a work-related injury occurs, it can be decided which enterprise should bear the responsibility according to the actual situation.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.