How long does the labor law stipulate to pay social security?

Companies must buy social security after 30 days of employment.

According to Article 58 of the Social Insurance Law, the employing unit shall handle the social insurance registration for employees within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. If the employer fails to pay social insurance to employees on time, employees can complain to local social insurance agencies. However, employees need to bear part of the premiums of medical insurance, endowment insurance and unemployment insurance, and the premiums of maternity insurance and work-related injury insurance are paid by the company.

Employment date is generally the employment date. The so-called social insurance registration is the declaration of social insurance payment, so the enterprise must declare and pay social insurance for its employees within 30 days at the latest. For example, employees who join the company on the 5th must apply for social insurance declaration before the 5th of the following month. For their region, the monthly deadline for filing is 17. If you fail to declare before then, you can only wait until 17 next month. Therefore, the time for employees to enjoy social security is affected by the monthly checkout time of local social security institutions.

The meaning of social security

Social security refers to social insurance, including pension, medical care, unemployment, maternity and work injury insurance.

1。 Basic old-age insurance, to ensure that you reach retirement age, you can receive a pension according to regulations, and insure your basic life for the rest of your life.

2。 Basic medical insurance guarantees basic medical care. In vernacular Chinese, medical expenses can be reimbursed according to a certain proportion, ensuring that you can be cured of illness.

3。 Unemployment insurance, after ensuring unemployment, can receive unemployment benefits according to regulations, guarantee the most basic living needs during unemployment, enjoy medical subsidies during unemployment, and enjoy vocational training and employment training for unemployed people during unemployment.

4。 Work-related injury insurance refers to the insurance that the unit participates in, to ensure the occurrence of work-related accidents, disability or death of employees, to ensure the medical treatment of employees and to receive work-related injury allowances and one-time grants. With the strength of social security, and a high proportion of medical expenses reimbursement.

5。 Maternity insurance refers to the expenses that can be reimbursed for ensuring employees' fertility, childbirth, induced labor, ligation and family planning measures.

The company does not pay social security rights protection methods.

1。 Negotiate or negotiate with the unit.

If the work unit does not handle social insurance for employees, employees can report to the unit trade union and ask the trade union to come forward to negotiate with the management of the unit; If there is no trade union organization, employee representatives can directly negotiate and communicate with the company's top management.

2。 Start labor arbitration.

If no settlement can be reached through consultation with the company, it can be submitted to the local labor arbitration department for arbitration.

3。 Bring a lawsuit.

Refuses to accept the arbitration result, or the unit refuses to carry out the arbitration decision, it may bring a lawsuit to the local people's court according to law.

Labor arbitration procedure

1。 Submit application

When applying for arbitration, the parties shall submit an application for arbitration and submit copies according to the number of respondents. The Arbitration Commission shall, within five days from the date of receiving the application for arbitration, make a decision on whether to accept or not to accept it. If the arbitration commission decides to accept the case, it shall serve a copy of the complaint on the respondent within five days from the date of making the decision. If it decides not to accept it, it shall explain the reasons.

2。 Hold a trial/hearing

The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the applicant refuses to appear in court without justifiable reasons or withdraws from the court without the consent of the arbitration tribunal, the case shall be dismissed and the respondent may make an award by default.

3。 Arbitration and mediation

When handling labor disputes, the arbitration tribunal shall mediate first, and on the basis of finding out the facts, urge both parties to reach an agreement voluntarily. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement according to the contents of the agreement, and the conciliation statement shall take legal effect from the date of service; If the mediation fails to reach an agreement, the arbitration tribunal shall make an award in time.

4。 arbitration award

The arbitration tribunal shall conclude the labor dispute case within 45 days from the date when the labor arbitration committee accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed upon approval, and the parties concerned shall be notified in writing, and the extension period shall not exceed fifteen days. After the arbitration tribunal makes an award, it shall make an arbitration award and serve it on both parties. If a party refuses to accept the arbitration award, it may bring a suit in a people's court within 15 days from the date of receiving the award; If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect.

Court prosecution procedure

1。 Prepare the complaint and proof of unpaid wages, and wait until the court where the employer is located or where the labor contract is performed brings a lawsuit;

2。 If the court meets the conditions for filing a case after examination, it shall file a case for acceptance;

3。 After the court accepts the complaint, it will be served on the defendant, who will reply in writing and the two sides will exchange evidence.

4。 In court, mediation or judgment is conducted through court investigation, evidence cross-examination and debate between the two sides.

To sum up, the employee can immediately terminate the labor contract without notifying the employer in advance and asking the employer to pay economic compensation; The economic compensation shall be paid to the laborer according to the number of years the laborer has worked in this unit and the standard of paying one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. You can also report to the administrative department of social insurance, which shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer, the directly responsible person in charge and other directly responsible personnel 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.

Legal basis:

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 social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.

The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.

Article 84 of the Social Insurance Law of People's Republic of China (PRC)

If the employer fails to apply for social insurance registration, 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.