What are the laws and regulations and policies on five insurance and one gold in China?

China on the five insurance and one gold mainly have the Chinese people *** and labor contract law, social insurance law, housing fund management regulations, social insurance premium declaration and payment management regulations and other laws and regulations and policies.

It is the legal obligation of the employer to pay the social security for the workers

The law stipulates that the enterprises must purchase social security for the employees, and it is the legal obligation of the employer to pay the social security for the employees, which is mandatory and non-variable.

1, "the Chinese people *** and the State Labor Law," Article 72 provides: employers and workers must participate in social insurance, social insurance premiums according to law.

Article 50 stipulates that the employer shall issue a certificate of termination of the labor contract at the time of termination, and shall, within fifteen days, carry out the procedures for the transfer of the worker's files and social insurance relations.

2. Article 4 of the Social Insurance Law stipulates that employers and individuals within the territory of the People's Republic of China*** and the State shall pay social insurance premiums in accordance with the law.

3. According to Article 6, Chapter 2 of the Regulations on the Management of Housing Provident Funds: Units and individual serving employees shall contribute to the provident fund in accordance with the regulations.

4. The Administrative Regulations on Declaration and Payment of Social Insurance Premiums require that employers should apply for social insurance registration for their employees and declare the payment of social insurance premiums within 30 days from the date of employment. If the employer fails to register for social insurance, the social insurance agency shall authorize the social insurance premiums to be paid by the employer.

Social insurance premiums, as referred to in the regulations, are the basic pension insurance premiums, basic medical insurance premiums, industrial injury insurance premiums, unemployment insurance premiums and maternity insurance premiums paid by the employers and their employees in accordance with the law to participate in social insurance.

The regulations state that the employer shall inform the employees of the details of the social insurance premiums on a monthly basis, and shall notify the employees' congress of the employer annually, or announce the payment of social insurance premiums for the whole year in a prominent place in the employer's residence, so as to accept the supervision of the employees. The employer declares on behalf of the employee the details of the contributions and changes should be signed by the employee himself or herself, and retained by the employer for inspection.

Some employers do not pay the full amount of social insurance premiums on time, the provisions of the social insurance agency ordered to pay or make up the full amount, and from the date of non-payment of 0.5 per cent of the daily late fee; overdue payment is still not paid by the social insurance administrative department of the unpaid amount of more than one times the amount of three times the following fine.

Two, do not pay social security for employees will be punished

According to the Labor Contract Law, Article 38, the employer fails to pay social insurance premiums for the workers in accordance with the law, the workers can terminate the labor contract, the employer should also pay economic compensation.

1, the enterprise does not pay the five insurance and one gold for the employees, will be charged high late fees and fines

According to the Social Insurance Law and the Regulations on the Administration of Housing Provident Fund, the enterprise does not pay the social security for the employees on time and in full, will be charged five ten thousandths of the late fee, and even a fine of more than double and less than triple of the amount of non-payment; the overdue payment of provident fund, will be fined 10,000 yuan and less than 50,000 yuan. million yuan or more than 50,000 yuan or less.

If an enterprise does not pay social security and provident fund for its employees, and the employees file a lawsuit or arbitration, the enterprise is basically the losing party.

2, the enterprise refuses to participate in social insurance to the employee losses should be compensated

If the enterprise does not participate in social insurance leads to employees can not enjoy social security treatment, then due to the costs incurred by the enterprise should be paid. Including: pensions, unemployment benefits, maternity benefits, work injury benefits and some other costs. If an employee has an accident during the work period, the enterprise may have to face a huge amount of compensation.

3, the enterprise also need to pay several months of wages to the employee's economic compensation

If the enterprise does not pay the insurance for the employee, then the employee can not only at any time to terminate the labor contract, but also can require the enterprise to compensate for the economic loss.

Enterprises not only have to pay the insurance for the employees, but also have to pay the employees one month's salary every year (six months is calculated according to one year).