Job Recruitment Website - Social security inquiry - Is the social security of leave borne by the company or by the individual?

Is the social security of leave borne by the company or by the individual?

During the employee's personal leave, the employer needs to pay social security. It is the obligation of the unit to pay social security for employees, and the unit shall pay it for employees on time and in full every month; Failing to pay social security, the social security agency shall order it to pay within a time limit or make up for it, and impose a late fee on it according to law.

Not all social security is borne by employees. During this period, social security should be borne by both the unit and the employees, and the part that the employees need to pay can be remitted by the employer from the employees' wages.

Asking for leave has nothing to do with social security fees, but in reality many units have similar regulations. Please read it carefully when signing the labor contract. Providing social security for employees is a legal obligation of the unit and cannot be cancelled due to reasons such as leave. As long as you are on the job, the unit has the obligation to help you pay social security. During the existence of labor relations, the unit shall pay social security normally, and the social security expenses shall be borne by the unit and the employee himself.

During the contract period, if the employee asks for leave with the consent of the unit, the employee only needs to pay the personal part of the insurance, and does not need to bear the part that the unit should bear. According to the provisions of the Social Insurance Law of People's Republic of China (PRC), the monthly social security fee paid by workers consists of two parts:

One is paid by the employer.

Second, it is borne by the workers.

The part borne by the laborer shall be withheld and remitted by the employer in the monthly salary of the laborer.

Legal basis:

Article 58 of People's Republic of China (PRC) Social Insurance Law

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.

Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.

Article 60 The employing unit shall declare on its own and pay social insurance premiums in full and on time. Except for legal reasons such as force majeure, the payment shall not be postponed or reduced. 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.

Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.

Article 86 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 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.