Labor contract unit and social security unit inconsistent legal

Inside the company for a variety of reasons, the labor contract may be signed by the unit but to help pay social security is different, then the labor contract unit and social security unit inconsistent legal? The following is a detailed introduction to the labor contract unit and social security unit inconsistent legal content, we take a look at it. A.Labor contract unit and social security unit inconsistentlegalIs it legal

As long as it is the unit of the normal payment is legal, the social security payment unit with the The labor contract unit is not consistent, a big disadvantage is the occurrence of work-related injuries will not be able to pay, so it is best to be consistent good point. According to the relevant provisions, the newly established enterprises should, within 30 days from the date of establishment, hold business licenses or registration certificates and other relevant documents to apply for social insurance registration at the social insurance agency. The social insurance agency will issue a social insurance registration document after examination.

The general principles of social insurance payment by an employer:

1. The employer should apply for social insurance registration with the local social insurance agency within 30 days from the date of establishment with the business license, certificate of registration, or the seal of the agency. The social insurance agency shall examine the application within fifteen days from the date of receipt and issue the social insurance registration certificate;

2. If the employer's social insurance registration changes or the employer is terminated in accordance with the law, the employer shall, within thirty days from the date of the change or termination, apply for a change in or cancellation of the social insurance registration with the social insurance agency;

3. The employer shall, within thirty days from the date of the employment The employer shall, within thirty days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the employer fails to apply for social insurance registration, the social insurance agency shall approve the social insurance premiums to be paid by the employer;

4. The employer shall declare and pay the social insurance premiums on its own, in full and on time, and shall not suspend or reduce the payment of the social insurance premiums except for force majeure or other legal reasons. Employees shall pay the social insurance premiums by the employer withholding, the employer shall inform the person of the details of the payment of social insurance premiums on a monthly basis;

5. The employer fails to declare the amount of social insurance premiums to be paid in accordance with the provisions of the unit, according to the unit of 110% of the amount of the previous month's contributions to determine the amount to be paid, the unit of the payment of contributions to make up for the declaration, the social insurance premiums collected in accordance with the provisions of the settlement of social insurance premiums. The social insurance premium collection agency will settle the bill in accordance with the regulations.

In summary, according to the relevant provisions of the labor contract and the social security unit is not the same unit, as long as the unit can pay on time, then it is legal, the employer needs to be established in the company, within 30 days, with the unit's seal or business license and other information, to the prescribed location for social insurance registration.

Two,individuals and units to pay social security retirement age consistent Is

Individuals and units to pay social security retirement age is not consistent. In the enterprise work, must participate in the social security is including employees' basic pension insurance, employees' basic medical insurance, industrial injury insurance, maternity insurance, unemployment insurance of five insurance.

The insurance paid by individuals is that they can participate in the basic pension and basic medical insurance for employees as flexible employees, or they can participate in the pension and medical insurance for urban and rural residents, which are subsidized by the state and have a lower contribution level.

Retirement age for basic employee pension insurance: 50 for female workers, 55 for female cadres, and 60 for male workers and cadres. Individual businessmen, farmers contract labor retirement age is 55 years old for female comrades, male comrades 60 years old. Therefore, individuals participating in social security and enterprises participating in social security retirement age is still different.

Three,Replacement of social security labor arbitration can make up for a few years

Under normal circumstances, generally can only make up for the last 3 months of social security. Replacement of social security is generally for some historical problems to participate in the insurance (replacement), in the male below 60, female below 50 years old, social security full 15 years, you can not have to make up for the payment.

The above is a compilation of the collection of labor contract unit and social security unit inconsistent legal legal knowledge, labor contract unit and social security unit inconsistent with the law depends on whether the unit is normal to pay, inconsistent with the situation may not be able to pay compensation for work-related injuries.