I received a notice of "payment of back pay protection fee". What kind of enterprises should pay the back pay security fee?

Q: Why should we set up a small business guarantee fund?

In recent years, small businesses in this city have developed rapidly. Small enterprises have made great contributions to economic development and employment promotion. However, due to the limitation of scale and funds, small enterprises have great business risks, and bankruptcy, closure and owners' flight often occur. Therefore, wage arrears and social insurance premiums often lead to social conflicts. From 65438 to 0999, the municipal government began to explore the implementation of the "Shanghai Small Business Wage Protection Fund" system. Under the intervention of the government, the labor-capital contradiction caused by wage arrears was solved by social assistance, which unblocked the channels for small enterprises to withdraw from the market according to law, protected the legitimate rights and interests of employees and maintained social stability.

Q: What are the coordination and management institutions of the wage protection fund?

A: According to the relevant regulations of the Shanghai Municipal People's Government, the Shanghai Small Enterprise Wage Security Committee was established to be responsible for the formulation and coordination of wage security policies. The Committee for the Protection of Wages on Wages consists of the Municipal Coordination Office for Promoting the Development of Small Enterprises, the Municipal Labor and Social Security Bureau, the Municipal Finance Bureau, the Municipal Administration for Industry and Commerce, and the Municipal Federation of Trade Unions.

There is an office under the Committee for the Protection of Wages on Back, which is responsible for the collection, use and recovery of wages on back. The Security Office consists of the Municipal Labor and Social Security Bureau, the Municipal Coordination Office for Promoting the Development of Small Enterprises and the staff of the Municipal Finance Bureau, and is located in the Municipal Labor and Social Security Bureau.

The collection of back pay security fees is specifically entrusted to the social insurance agencies in all districts and counties.

The wage protection fund shall be managed by special accounts and subject to audit supervision according to law.

Q: Which enterprises should pay back wages protection fees?

A: All enterprises with 300 employees or less in this city have to pay the back pay protection fee. The specific number is determined by the number of enterprises that pay social insurance premiums in the current month, but the insured persons are not included in the statistics of the number of enterprises that collect back pay security fees.

Although the number of employees is less than 300, the number of enterprises that can temporarily not pay the wage protection fee is: 1. It conforms to the standards for large and medium-sized enterprises in the Interim Provisions on Standards for Small and Medium-sized Enterprises (China Economic and Trade Small and Medium-sized Enterprises [2003] 143); 2 municipal economic development zone management unit.

If the enterprise meets one of the above circumstances due to the change of circumstances, it may go through the confirmation formalities at the social security center where the enterprise is located with the business license and other relevant supporting materials. Enterprises that have been charged with the protection fee for unpaid wages because they have not gone through the confirmation formalities in time can fill in the application refund form with relevant certification materials to the security office and return it after examination and approval.

Q: How much should companies pay for the protection of wages in arrears?

A: Every enterprise only needs to pay the back pay protection fee once a year. The payment standard is the average salary of employees for one month. Take 2004 as an example, an enterprise only needs to pay 1847 yuan at most.

See the following table for specific payment standards:

Payment standard of enterprise type This year's payment standard

Employment ≤ 100, accounting for 60% of the average monthly salary of employees in this city last year, 1 108.2 yuan.

100 people

Employment > 200 people, 100% the average monthly salary of employees in this city last year, 1847 yuan.

30% of the average monthly salary of employees in newly established enterprises this year+0 yuan.

The wage protection fee shall be paid annually and calculated according to the natural year. The wage protection fee is charged in the enterprise cost.

Q: What are the projects advanced by the Wage Protection Fund, and what is the maximum amount of one-time advance?

A: The advance scope of the wage protection fund includes: 1. Wages that the enterprise should pay but fails to pay to the employees within the time limit; 2. Social insurance premiums that the enterprise fails to pay in full and on time according to law.

If the advance payment of wages is approved, the security office shall, according to the number of employees in the existing labor contract relationship of the enterprise and the actual situation, verify the amount of wages owed and unpaid social insurance premiums, and the maximum number of people paid shall not exceed 300, and the maximum amount paid shall not exceed 6 months. The monthly salary standard paid in advance and the payment base of social insurance premiums (including the part paid by units and individuals) shall be determined according to the monthly minimum wage standard of employees in this Municipality.

Advance payment of unpaid wages belongs to one-time advance payment. Each enterprise can only apply once in a natural year.

Q: What are the requirements for applying for the protection of unpaid wages?

Answer: An enterprise that pays the wage security fund according to the regulations may apply for advance payment of back wages if it meets one of the following conditions:

1. The enterprise goes into liquidation due to closure, being declared bankrupt by the people's court and other reasons. , and its assets are temporarily unable to be realized, or its assets are insufficient to pay unpaid wages or social insurance premiums. However, the registered capital of the enterprise investor is not fully paid in accordance with the regulations, or the creditor's rights and debts of the enterprise have been secured or have other repayment obligations.

Second, the legal representative of the enterprise (or operator) hides or closes down, unable to pay the arrears of wages or social insurance premiums. In the process of executing the effective ruling document of the labor dispute arbitration commission or the application execution document of the labor administrative supervision department or the judgment document of the people's court, the executed assets cannot be realized temporarily, or the executed assets are insufficient to pay unpaid wages or social insurance premiums.

Three, the relevant departments of the city to deal with major emergencies involving labor disputes, need to advance the wages owed by enterprises or unpaid social insurance premiums.

Q: How do I apply for the advance payment of the back pay protection fund?

A: The ways to apply for advance payment of wages are as follows:

1. An enterprise entering the liquidation procedure shall submit an application by a legally established liquidation organization and provide the following materials:

1. Apply for advance payment of wages;

2 enterprises in the current year and the previous year to pay back the guarantee fee vouchers;

3 proof that the enterprise has established a liquidation organization according to law;

4. Assets appraisal opinions or liquidation reports issued by legally qualified intermediaries;

5 actual unpaid wages or unpaid social insurance certificates;

6. Letter of commitment issued by the liquidation organization to pay off the unpaid wages in advance.

Two, the legal representative (or operator) conceals the enterprise, the people's court shall provide the following materials as evidence for the enterprise or employee to apply in advance:

1. Letter from the people's court requesting the security department to reissue wages;

2 enterprises in the current year and the previous year to pay back the guarantee fee vouchers;

3. Effective judgment documents;

4. Suspension or termination of execution of the ruling.

Three, due to the disposal of major emergencies, the need to use the security fund, the department responsible for handling emergencies to apply, and provide the following materials:

1. Apply for advance payment of wages;

2 enterprises in the current year and the previous year to pay back the guarantee fee vouchers;

3 actual unpaid wages or unpaid social insurance certificates;

4. Certificate of consent issued by the Office of Shanghai Joint Conference on Labor Relations Coordination.

According to the actual situation, the Security Office may require the applicant to provide other relevant materials.

Q: How is the salary advance paid to the applicant?

A: 1. Enterprises entering liquidation procedures. The security department will transfer the approved advance amount to the special account designated by the liquidation organization, and the liquidation organization will be responsible for the payment. For social insurance premiums, the security office will directly transfer the advance amount to the special account for enterprise social insurance;

Second, hide the legal representative (or operator) of the enterprise. As for the salary, the security department will transfer the approved advance amount to the account designated by the people's court, and the people's court will be responsible for paying it. For social insurance premiums, the security office will directly transfer the advance amount to the special account for enterprise social insurance;

Three, to deal with major emergencies need to advance funds, wages, security office will be approved to advance the amount into the account designated by the incident handling department, which is responsible for the payment. For social insurance premiums, the security office will directly transfer the advance amount to the special account for enterprise social insurance.

The card issuing unit shall complete the payment within 10 days after receiving the advance payment, and send the payment voucher to the security office within 5 working days after payment.

Q: Is it necessary to repay the advance payment for the protection of wage arrears?

Answer: It is the applicant's responsibility to repay the advance payment according to the stipulated and promised time limit. Units that accept advance payment of back wages shall, in accordance with the following provisions, transfer the arrears to the account designated by the Security Office at one time:

First, enterprises entering the liquidation procedure should give priority to paying back wages in the liquidation of enterprises. Within three days after the assets are realized, the liquidation organization shall repay the outstanding advances to the guarantee office;

Two, the legal representative (operator) hidden enterprises, the people's court shall, according to the implementation income, give priority to the guarantee office to repay the advance payment;

Three, in order to deal with major emergencies to accept the advance payment of wages, the responsible department for incident handling should repay the advance payment of wages to the Security Office in a timely manner after the incident is handled.

The security office is responsible for recovering the unpaid advance payment. When necessary, the security department may entrust an accounting firm to act as an agent for specific recovery matters.

Q: What should I do if I can't repay the advance payment for unpaid wages?

Answer: If an enterprise is really unable to repay all or part of the advance payment due to objective reasons such as insufficient assets, it shall provide the following materials, which shall be submitted by the Guarantee Office to the Municipal Small Business Guarantee Committee for confirmation:

1. The liquidation organization shall provide the property list, balance sheet and property distribution plan;

Two, the people's court shall issue a certificate of termination of execution;

Three, the responsible department of major emergencies should provide proof issued by the office of the municipal labor relations coordination joint meeting.

The small enterprise wage guarantee fund is a new measure to benefit the country and the people and stabilize the society. Relevant enterprises in this Municipality shall, in accordance with the provisions of the documents and in the spirit of being responsible for employees, pay the security fund for back wages on time and on their own initiative. The broad masses of workers should also do a good job in safeguarding rights according to law. With the help of trade unions, enterprises should be urged to pay back wages protection fees according to regulations through collective consultation, collective contracts and democratic management mechanisms. Once the enterprise goes bankrupt, closes down or the owner hides, he should apply for paying the security fund in advance through legal means and channels to safeguard his rights and interests legally and reasonably.