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What if the company owes social security?

What if the company owes social security? The laborer may request to terminate the contract, and the employer shall make compensation. The purpose of the labor security system is to protect the legitimate rights and interests of workers, so let's discuss how the company does not pay social security!

What if the company owes social security? 1 What if the company fails to pay social security?

What if the company fails to pay social security? I get angry when the company doesn't pay social security. Social security has always been a topic of concern to everyone, because social security is indeed a very important social security system. Let's take a look at how to do it and related information.

What if the company owes social security? 1

If the unit owes social security, the social insurance fee collection agency may order it to pay or make up within a time limit.

Article 63 of the Social Insurance Law of People's Republic of China (PRC) stipulates that if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And may apply to the relevant administrative departments at or above the county level for a decision on the allocation of social insurance premiums.

Notify its banks or other financial institutions in writing to pay 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.

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, so as to offset the social insurance premium with the proceeds from the auction.

legal ground

Article 63 of People's Republic of China (PRC) Social Insurance Law

If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account 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.

What if the company owes social security? 2

First of all, a new round of social security reform was carried out in 2022, and a major focus of this reform was the collection of social security by the tax authorities. This means that it is more mandatory for enterprises to pay social security, requiring all units to help employees buy social security according to the full standard of all employees.

The company will pay social security according to the total number of employees. Once the tax authorities find that the company fails to pay or underpays, they will deal with it severely, and the company with serious situation may be pulled into the "social security blacklist", which will have a great impact on the company's future development.

Secondly, the unit needs to pay social security according to the employee's salary standard. In order to reduce costs, many units did not purchase social security according to the employee's salary standard. After all, every employee's salary is different, and some people have to pay more social security. In this way, according to the minimum base deduction, there is a certain loss for employees.

In the new year, after the introduction of new regulations by the state, units can no longer "cut corners" and need to pay social security according to employees' own salary standards to protect their due interests. In this case, the monthly social security deduction of employees will increase accordingly, and although their wages will be deducted more, they will ensure higher social security benefits.

Finally, let's look at the unpaid social security before 2022. After the introduction of the new regulations, the unit shall pay back the social security unpaid by employees during their employment. After all, employees and units have a legal labor relationship, and units have the responsibility to protect the benefits that employees deserve. This part of the social security fee cannot be owed, and the tax department will deal with it once it is verified.

However, there are two other situations where the unit can't make up the payment. First, if social security is not paid for personal reasons, the unit can pay without help. Second, there is no social security account, so it is impossible to verify whether there has been a period of interruption of payment, and neither units nor individuals can pay.

After reading the whole article, I believe everyone has a clear idea of how to deal with social security arrears. I believe that after the country improves the social security system, the rights and interests of ordinary people to participate in social security can be more comprehensively guaranteed.

What should I do if the company defaults on social security 3

Recently, an employee of an enterprise left a message saying that the unit owed social security fees, allowing employees to pay them themselves when they retired, and there were late fees. What should I do?

First of all, because the unit has not paid social security, employees cannot retire at the retirement age. The general solution is to apply for labor arbitration or even go through legal procedures. However, it takes a long time. Most people have to wait in line for seven or eight months before they can start litigation. This affects employees who can only get angry when they retire and can't get a pension.

According to Article 63 of the Social Insurance Law, if the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. The employer fails to pay or make up the social insurance premium within the time limit.

Social insurance fee collection agencies can inquire about their 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.

In fact, in addition to applying for labor arbitration, there is another way to try, that is, the employees of this enterprise pay the social security fees owed by the enterprise themselves, and then retire to receive pension benefits.

Emphasize that enterprises owe social security, and the late payment fees paid by employees are well-founded. Article 86 of the Social Insurance Law stipulates that if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay within a time limit or make up for it, and from the date of default, an overdue fine of five ten thousandths shall be added daily; 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.

What if the company owes social security? You can bring a lawsuit to the court, and the court will order the company to pay back the social security.

According to the Civil Procedure Law of People's Republic of China (PRC), it is stipulated as follows:

1, Article 1 19 Prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

2. Article 123 The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.

Extended data

Handling the failure to pay social insurance premiums in full and on time in accordance with the "Regulations on the Administration of Reporting and Paying Social Insurance Fees";

1, Article 16 If the employing unit is under any of the following circumstances, the social insurance agency shall issue a Notice of Arrears of Social Insurance Premium within five working days from the date of finding out the facts of arrears, order the employing unit to pay back the social insurance premium within five working days after receiving the notice, and inform it that the overdue payment will be handled in accordance with the provisions of Articles 63 and 86 of the Social Insurance Law:

(a) failing to declare and pay social insurance premiums in accordance with the provisions;

(2) Failing to pay social insurance premiums in full and on time after the declaration;

(three) due to concealment, omission of the number of employees, payment base and other matters and pay less social insurance premiums.

2. Article 86 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 daily; 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.

3. Article 63 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account 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.

What if the company owes social security? 1. When should the company pay social security for its employees?

According to the Administrative Regulations on the Declaration and Payment of Social Insurance Fees issued by Ministry of Human Resources and Social Security, the employer shall register social insurance for its employees and declare and pay social insurance fees 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.

The "Regulations on the Administration of Declaration and Payment of Social Insurance Fees" comprehensively standardized the declaration and payment of social insurance. The social insurance premiums mentioned in these Regulations refer to the basic old-age insurance premiums, basic medical insurance premiums, work-related injury insurance premiums, unemployment insurance premiums and maternity insurance premiums paid by employers and their employees according to law.

The employing unit shall inform the employees themselves of the details of the payment of social insurance premiums on a monthly basis, inform the employees' congress of the unit every year or announce the annual payment of social insurance premiums in a prominent position in the residence of the unit, and accept the supervision of the employees.

The social insurance agency shall timely, completely and accurately record the payment of the employer and its employees, and regularly inform the employer and its employees of the payment. Employers and employees have the right to inquire about the payment in accordance with the Measures for the Administration of Social Insurance Personal Rights and Interests Records and other regulations. Social insurance agencies shall announce the collection and payment of social insurance premiums to the public at least once a year and accept social supervision.

Second, how to deal with the company's unpaid social security?

The Regulations on the Administration of Declaration and Payment of Social Insurance Fees clearly stipulates that if it is verified that the employer has not paid in full and has not paid back, the social security agency may inquire about its deposit account in the employer's bank or other financial institutions in accordance with the Social Insurance Law, and apply to the social security administrative department for a decision on the allocation of social insurance fees according to the inquiry results.

Upon inquiry, if the balance of the employer's account is less than the amount of social insurance premium that should be paid, or if the employer has not paid the social insurance premium in full after allocation, the social insurance agency may require the employer to provide mortgage or pledge guarantee.

Collect 5/10000 late payment fee 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.

In fact, there are too many bad debts like this. Some enterprises are half dead and have no money to pay social security. Even if the court has ruled that the employee wins the case, the enterprise has no money and cannot enforce it. If the enterprise goes bankrupt and reorganizes, the first thing is to solve the unpaid social insurance premium, so we expect the enterprise to go bankrupt as soon as possible and the problem can be effectively solved.

If there are not many enterprises that owe social security, employees can bear the cost of repayment, and enterprises can consider paying back the unpaid social security.

I used to know an employee who paid social security and then retired, paid more than 65,438 yuan +0.4 million yuan in social security, and received more than 3,200 yuan in pension every month after retirement. If you don't pay in advance, you can't retire and get a pension.