How can the company not pay social security?

When individuals apply for social security, they only apply for endowment insurance and medical insurance, with the average wage of the local society as the payment base. The proportion of pension insurance payment is 20%, and the proportion of medical insurance payment is 8%. Pay 15 years, and you can retire when you reach the legal retirement age.

However, those who apply for old-age insurance as flexible employees can only apply for it at the place where they are registered. Those who work outside can apply in their hometown. If the work place is where the registered permanent residence is located, you can go to the office hall of the local social security department to handle it.

According to the provisions of the Social Security Law, the unit must register for social insurance within 30 days after its establishment, and the employer must pay social insurance for its employees within 30 days after their employment. However, at present, many small and medium-sized enterprises do not pay social insurance for their employees at all because of difficulties in operation and management; In order to keep this job, employees don't want to be enemies with the enterprise. In addition, the cost of safeguarding rights is relatively high, the road to safeguarding rights is relatively long, and employees lack experience and common sense in safeguarding rights. Therefore, it is also wise to pay social security according to individual status first. However, employees have paid their own social security, and the responsibilities and obligations of enterprises still exist. Employees can still retain the right to sue enterprises for violating the law.

Employers do not pay social security for employees. After employees have done it themselves, they can still ask the employer to pay the social security that they should have paid but have not paid, so as to safeguard their legitimate rights and interests. Although the road to safeguarding rights is arduous and long, employees' rights and interests will be protected as long as they can effectively collect relevant evidence materials, such as labor contracts, work cards, punching records, salaries, colleagues' testimonies, personal social security receipts, vouchers, etc. Ways of safeguarding rights include consulting with the employer, reporting to the labor inspection department, bringing labor arbitration, bringing a lawsuit to the court, etc., all of which are legal and effective means of safeguarding rights. Now that individuals have applied for social security, they are more confident and convincing in defending their rights, and they are not afraid of delaying the payment period of their social security.

legal ground

Article 44 of the Social Insurance Law of People's Republic of China (PRC), employees shall participate in unemployment insurance, and employers and employees shall pay unemployment insurance premiums in accordance with state regulations.

Article 10 of the Social Insurance Law of People's Republic of China (PRC) * * * Employees shall participate in the basic old-age insurance, and both employers and employees shall pay the basic old-age insurance premium.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.