Job Recruitment Website - Social security inquiry - Can I only pay three risks for five risks?
Can I only pay three risks for five risks?
I. Legal Provisions on Five Risks
According to the provisions of China's Social Insurance Law, the employer shall pay various social insurance premiums in proportion to the total wages of its employees as stipulated by the state. This means that when employers pay social insurance for employees, they need to pay in accordance with the items and proportions stipulated by law.
Second, the safeguard function of the five risks.
All five insurances have their unique safeguard functions. Old-age insurance guarantees the basic life of employees after retirement; Medical insurance provides medical expenses reimbursement for employees; Unemployment insurance provides certain living security when employees are unemployed; Industrial injury insurance protects the rights and interests of employees when they suffer accidental injuries at work; Maternity insurance provides protection for the maternity of female workers.
Third, the impact of local social security policies.
Although the "Social Insurance Law" stipulates the payment requirements of five insurances, the specific implementation may be affected by social security policies in various places. In some areas, the payment of five insurances may be adjusted or preferential according to the local economic situation and the income and expenditure of social security funds.
However, even if local policies are adjusted, employers still need to follow the basic laws and regulations of the country to ensure that employees' social insurance rights and interests are guaranteed. If the employer only pays part of social insurance for employees, it may violate relevant laws and regulations and face legal responsibility.
Four. Protection of employees' rights and interests
As employees, they have the right to ask employers to pay various social insurances for themselves according to law. If the employer fails to pay social insurance in accordance with the regulations, employees can complain and report to the relevant departments to safeguard their legitimate rights and interests.
To sum up:
Whether the five insurances can only pay three insurances depends on the specific legal provisions and local social security policies. The employing unit shall abide by the laws and regulations of the state, pay comprehensive social insurance for employees and protect the rights and interests of employees. Employees should also know their social insurance rights and interests and safeguard their legitimate rights and interests.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 4 provides that:
Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights records, and require social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.
Article 58 provides that:
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.
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