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Summary of the issue of the supply and marketing society owed pension insurance

Legal subjective:

According to China's labor law, the employer must pay social insurance for the workers, and to pay on time. However, real life is still inevitable that the employer owes social insurance. In China, social insurance is an important part of the social security system, which is at the core of the whole social security system. In addition, social insurance is a kind of contributory social security, the funds are mainly paid by employers and workers themselves, the government financial subsidies and bear the ultimate responsibility. However, workers can only enjoy the corresponding social insurance treatment if they fulfill the legal obligation to make contributions and meet the legal conditions. Second, the labor law on unpaid social insurance how to do 1, according to the labor law, employers and workers must pay social insurance premiums in accordance with the law. According to Article 72 of the Labor Law and Article 58 of the Social Insurance Law, employers and workers must participate in social insurance and pay social insurance premiums according to law. Employers shall apply to the social insurance agency for social insurance registration for their workers within thirty days from the date of employment. If the employer fails to apply for social insurance registration, the social insurance agency shall approve the social insurance premiums to be paid by the employer. 2. In accordance with Article 38 of the Labor Contract Law, "If the employer has any of the following circumstances, the worker may terminate the labor contract: (3) Failure to pay social insurance premiums for the worker in accordance with the law", the employer may terminate the labor contract with the factory and demand that the factory pay the fourth quarterly labor premium. At the same time, he demanded the factory to pay the "economic compensation" stipulated in Article 47, "according to the number of years the worker has worked in the organization, one month's salary shall be paid to the worker for each year of service. If more than six months is less than one year, it shall be calculated as one year; if less than six months is less than one year, the economic compensation shall be paid to the laborer at half a month's salary." Repayment of unpaid social insurance premiums from the date of joining the work to the date of termination of the labor contract, etc. It is also possible to ask the enterprise to make up for the unpaid social insurance premiums for you without terminating the labor contract with the enterprise. Third, pay attention to social insurance, pension insurance, medical insurance and unemployment insurance, these three kinds of insurance is paid by the enterprise and the individual *** with the premiums, industrial injury insurance and maternity insurance is entirely borne by the enterprise. Individuals do not need to pay. It is important to note that the "five insurance" is legal, while the "one gold" is not legal. If the employer owes insurance premiums, the worker can ask the employer to pay the social insurance costs, if the employer still does not pay, the worker can ask to terminate the labor contract with the employer.