Don't employers have to pay social security

1. If the employer violates the provisions of the labor law and fails to pay or fails to pay according to the provisions, it is illegal and it is necessary to bear corresponding legal responsibilities: 1. The laborer has the right to terminate the labor contract, and the employer shall pay economic compensation. According to the provisions of Article 38 of the Labor Contract Law, if the employer has one of the following circumstances, the employee may terminate the labor contract: (1) failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. Article 46 stipulates that the employer shall pay economic compensation to the employee in any of the following circumstances: (1) the employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; The above-mentioned laws give workers the right to terminate the labor contract without written notice or prior notice if the employer fails to pay social insurance premiums for the workers according to law. Moreover, the employing unit should also pay economic compensation to the workers, and if not, it should also pay compensation twice as much as the economic compensation. 2. Laborers have the right to demand compensation from the employer for their losses on the grounds that the employer failed to handle the social insurance formalities for them and the social insurance agency could not make up for it, resulting in their inability to enjoy social insurance benefits. (See Qi Jingzhi's interpretation of my book Judicial Interpretation of Labor Dispute Cases (III) for details. According to Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (III), the people's court shall accept disputes arising from the employer's failure to handle social insurance procedures for the workers, and the social insurance agencies cannot make up for them, resulting in their inability to enjoy social insurance benefits. Before the judicial interpretation of this article was promulgated, labor arbitration institutions and courts generally rejected workers' requests for employers to directly compensate workers for failing to pay social security. Although the laborer's request for the employer to pay social security will be supported, because the social security agency clearly does not handle the supplementary payment business, the laborer's request cannot be realized in essence. The promulgation of this judicial interpretation will have a significant and far-reaching impact on the employer's payment of social security! 3. Administrative penalties imposed by social security institutions on employers. (1) The social security agency has the right to directly impose a fine on the employer and the person in charge who have not registered for social security. 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. (2) 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. Two, the social security collection agencies to take compulsory measures against unpaid or unpaid employers. (1) The social security collection agency has the right to apply for direct deduction from the bank account of the employer. Article 63 of the Social Insurance Law stipulates that if an employer fails to pay or supplement social insurance premiums within the time limit, the social insurance premium collection agency may inquire about its deposit accounts in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement. (2) The social security collection agency has the right to apply to the court for sealing up, distraining and auctioning the property of the employer. Article 63 of the Social Insurance Law stipulates that if the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction will be used to offset the social insurance premium. With the judicial interpretation that workers can claim compensation from employers for failing to pay social security according to law and the extensive publicity of social insurance law in the media, it is time for workers to claim compensation from employers on a large scale in the form of litigation or labor arbitration!

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