Job Recruitment Website - Social security inquiry - What if the company has no money to pay social security?
What if the company has no money to pay social security?
1. If the employer fails to pay social security, the employee can directly complain to the labor inspection department or the social security center. If the company has no money to pay social security to the employee, the employee may request to terminate the contract, and the employer shall make compensation, repay the arrears of social security funds and pay the overdue fine. For units that fail to pay social insurance premiums in full and on time, social insurance agencies can inquire about their deposit accounts in the employer's bank or other financial institutions.
2. 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.
Second, what materials are needed to pay social security?
1. Fill in the social insurance registration form and enterprise employee social insurance declaration form;
2. A copy of the business license of the enterprise;
3, the enterprise organization unified code certificate copy;
4, the collection of social insurance premiums, the bank's signature card and a copy or bank certificate;
5. A copy of the ID card of the first insured employee, etc.
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