Job Recruitment Website - Social security inquiry - What should enterprises do if employees don't want to pay social security?

What should enterprises do if employees don't want to pay social security?

When employees are unwilling to buy social security, the employer should communicate with employees more and terminate the labor contract if necessary. If the employee fails to purchase social security for the employee over the specified time, the employer will bear administrative liability and civil liability for compensation.

1. For employees who are unwilling to pay social insurance, the enterprise can take it as one of the employment conditions in the employee handbook, and it can be stipulated that "unwilling to pay social insurance" or "failing to submit the materials required by the enterprise for social insurance within the prescribed time limit" can be used as the conditions for not hiring the enterprise during the probation period.

2. For employees who have passed the probation period and are unwilling to pay social security, it is defined as one of the serious violations of discipline that they are unable or unwilling to submit the materials or procedures required for social insurance registration.

Generally speaking, an enterprise 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 ground

Article 84 of the Social Insurance Law stipulates that if an employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.

Social security agencies have the right to directly fine employers who fail to pay social insurance premiums in full and on time.

Article 85 of the Social Insurance Law stipulates that if the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added on a daily basis; 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.

The social security collection agency shall take compulsory measures against those who fail to pay or are in arrears to make them pay in accordance with the provisions.