Job Recruitment Website - Social security inquiry - Some companies are individuals who don't have to pay social security at all. Are they all paid by the company?
Some companies are individuals who don't have to pay social security at all. Are they all paid by the company?
Article 72 of the Labor Law stipulates: "Employers and laborers must participate in social insurance and pay social insurance premiums according to law." Paying social security for employees is the legal obligation of the company.
Article 16 of the Labor Law stipulates: "A labor contract shall be concluded to establish labor relations."
Among the five insurances and one gold, endowment insurance, medical insurance and unemployment insurance are premiums paid by enterprises and individuals, while industrial injury insurance and maternity insurance are entirely borne by enterprises. Individuals do not need to pay fees. It should be noted here that "five risks" are legal, but "one gold" is not.
Extended data:
Consequences of non-payment by the company:
According to the provisions of Article 38 of the Labor Contract Law, if the employing unit has any of the following circumstances, the employee may terminate the labor contract: (3) If the social insurance premium is not paid for the employee according to law, the labor contract with the factory shall be terminated, and the factory shall be required to pay the employee one month's salary according to the number of years he has worked in this unit as stipulated in Article 47.
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. "Pay unpaid social insurance premiums from the date of joining the work to the date of termination of the labor contract. You can also not terminate the labor contract with the enterprise, but only ask the enterprise to pay the unpaid social insurance premium for you.
All employers (including organs, social organizations, enterprises, institutions and private non-enterprise units) and their employees shall participate in maternity insurance. Maternity insurance is paid by the employer, and individual employees do not pay maternity insurance premiums. Maternity insurance premium shall be paid by the employer according to 0.7% of the total wages of employees in the previous year.
To participate in employee social security, it is usually to attach personal social security to a social security agency, that is, to enjoy the same social security benefits as employees in the unit. Generally speaking, the social security payment base is selected according to 60%-300% of the average monthly salary of local employees in the previous year. Individuals need to bear not only the social security fees that individuals need to pay, but also the social security fees paid by enterprises.
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