Can a company that has not paid social security in Shenzhen complain to the branch directly under Shenzhen Social Security Bureau?

In Shenzhen, if the employer fails to pay social security, it can complain to the local social security branch directly under it. In addition to complaining to the branch directly under the social security bureau, workers can also complain to the local labor administrative department or even apply for labor arbitration because non-payment of social security also violates the legitimate rights and interests of workers.

1. Can a company in Shenzhen complain to the branch directly under the Shenzhen Social Security Bureau if it fails to pay social security?

In Shenzhen, companies that fail to pay social security can complain to the branches directly under Shenzhen Social Security Bureau.

People's Republic of China (PRC) social insurance law

Article 58

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.

The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.

Article 86

If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it 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.

2. Can the company apply for arbitration if it fails to pay social security?

Companies that have not paid social security can apply for arbitration.

Law on mediation and arbitration of labor disputes

Article 2 This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC):

(1) Disputes arising from the confirmation of labor relations;

(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;

(3) Disputes arising from delisting, dismissal, resignation or resignation;

(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;

(six) other labor disputes as prescribed by laws and regulations.

3. What are the legal characteristics of social security?

1. The objective basis of social insurance is the risks existing in the labor field, and the object of insurance is the individual workers;

2. The subject of social insurance is specific. Including workers (including their relatives) and employers;

3. Social insurance is compulsory;

4. The purpose of social insurance is to maintain the reproduction of labor force;

5. The insurance fund comes from the payment and financial support of employers and workers. Insurance coverage is limited to employees, excluding other social members. The insurance coverage is limited to all kinds of risks in labor risks, excluding other risks such as property and economy.

Although the local social security bureaus are no longer responsible for the collection of social security fees, some illegal acts in social security can still be complained to the social security bureaus. If the employee terminates the labor contract because the employer fails to pay social security, the employee can also ask the company for compensation.