Job Recruitment Website - Social security inquiry - Is it illegal for the company not to pay social security according to the actual salary?
Is it illegal for the company not to pay social security according to the actual salary?
It is illegal for the unit not to pay social security according to the actual salary. If the social insurance premium is not paid in full, the social insurance premium collection agency shall order it to make up within a time limit. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.
The process of canceling the company is as follows:
1, newspaper, which can be published in the newspaper during the liquidation period of the company and needs to be published in the newspaper recognized by the local industrial and commercial bureau;
2. If the social security is cancelled, the Social Security Bureau will check whether the company has any arrears;
3. Within 65,438+05 days from the date of termination of the company's statement, the company needs to apply to the original tax registration authority for tax cancellation, first canceling the national tax and then canceling the local tax;
4. Go to the Industrial and Commercial Bureau to cancel the company registration;
5. Cancel the company account opening license, basic bank account and other accounts of the company account opening bank;
6. The legal effect of the company seal shall be cancelled by the public security organ at the place where the company seal is registered.
Information required for company cancellation:
1. An application for cancellation of company registration signed by the person in charge of the liquidation group of the company and stamped with the official seal of the company;
2. The certificate of the designated representative or entrusted agent signed by the company and stamped with the official seal of the company and a copy of the identity certificate of the designated representative or entrusted agent; At the same time, it shall indicate the matters, authority and authorization period of the designated representative or entrusted agent;
3. The company's resolution or decision to dissolve the company. If the company is ordered to close down by the administrative organ or revoked by the registration authority, it shall also submit the documents ordered to close down or revoked;
4. Confirm the liquidation report. The liquidation report of a limited liability company needs to be confirmed by the shareholders' meeting, the liquidation report of a joint stock limited company needs to be confirmed by the shareholders' meeting, and the liquidation report of a one-person limited liability company needs to be confirmed by shareholders;
5. Confirmation documents of liquidation reports of shareholders' meetings of limited liability companies, joint stock companies and one-person limited liability companies;
6. Notice of filing of members of the liquidation group;
7. Other documents required by laws and administrative regulations;
8. The original and duplicate of the Company's Business License for Enterprise as a Legal Person.
To sum up, it is illegal for the unit not to pay social security according to the actual salary. If the social insurance premium is not paid in full, the social insurance premium collection agency shall order it to make up within a time limit. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.
Legal basis:
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. 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.
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