Job Recruitment Website - Social security inquiry - Does HSBC Medical Plastic Surgery in Xiaolan Town, Zhongshan have to pay social security?
Does HSBC Medical Plastic Surgery in Xiaolan Town, Zhongshan have to pay social security?
Article 58 of People's Republic of China (PRC) Social Insurance Law: The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for handling social insurance for employees. Therefore, social insurance is the statutory insurance of the country, which is mandatory by law. Employers and workers shall not evade the obligation to pay social insurance premiums in any way.
Article 60 The employing unit shall declare on its own and pay social insurance premiums in full and on time. Except for legal reasons such as force majeure, the payment shall not be postponed or reduced.
Therefore, from the above provisions, it can be seen that paying social insurance for employees is mandatory by law, and its effectiveness will not change because of your agreement. Neither party can be exempted from legal obligations through the internal regulations of the enterprise or the agreement between the two parties, so no matter what the internal regulations of the enterprise or the agreement between the enterprise and the employees, it is invalid because it violates the mandatory provisions of the law.
Second, enterprises that fail to pay social insurance premiums according to law will face legal risks of administrative penalties such as late payment fees, fines and media exposure. Article 100 of the Labor Law of People's Republic of China (PRC): If the employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit; Late payment, you can add a late fee. Article 86 of the Social Insurance Law of People's Republic of China (PRC): 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 0.5% 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. Article 13 of the Interim Regulations on the Collection and Payment of Social Insurance Fees: If the payer fails to pay and withhold social insurance fees according to the regulations, the administrative department of labor security or the tax authorities shall order it to pay within a time limit; Fails to pay, in addition to repay the amount owed, from the date of default, an additional 2/1000 of the daily fines. Late payment fees are incorporated into social insurance funds. Article 11 of the Administrative Regulations on the Declaration and Payment of Social Insurance Fees: The social insurance fees that employees should pay shall be withheld and remitted by the employer. No unit or individual may interfere or refuse when the employer performs the obligation of withholding and remitting according to law. If the employer fails to pay in full and on time, the social insurance agency shall order it to pay within a time limit, and an overdue fine of 0.5‰ shall be added daily from the date of default. The employer shall not require employees to bear the late payment fee. Article 16 of the Interim Measures of Guangdong Provincial Local Taxation Bureau for the Administration of Collection of Unpaid Social Insurance Fees: Local tax authorities at all levels shall regularly inform the employing units of their payment and arrears by means of short messages, website authorized inquiries, etc. For employers who refuse to pay the arrears and the circumstances are serious, they can make an announcement through newspapers, radio, television, internet and other media, or directly disclose their unpaid social security fees to the employees of the employer, so that all sectors of society can participate in supervision.
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