What are the consequences of the company does not give employees for social security

What are the consequences of the company does not give employees for social security

What are the consequences of the company does not give employees for social security, many companies do not pay social security for employees, we are not clear that the company's practice is unreasonable, in fact, the company is illegal to do so, and there are serious consequences , the following look at the company does not give employees for social security what are the consequences.

Companies do not give employees for social security what consequences

First, not according to the law to pay social security for the enterprise will have what legal risk

(1) not according to the law to pay social security, the employer may need to pay the workers economic compensation

The labor contract law "38 days", the employer is required to pay the workers economic compensation

The labor contract law, the employer is not according to the law, the employer is not according to the law, the employer is not according to the law. According to the Law on Labor Contracts, if the employer fails to pay the social insurance according to the law, the worker can terminate the labor relationship, and the employer is required to pay the economic compensation.

(2) Failure to pay social insurance in accordance with the law, the employer may face administrative penalties

Article 84 of the Social Insurance Law of the People's Republic of China stipulates that: If an employer fails to apply for registration of social insurance, the administrative department of social insurance shall order it to make corrections within a certain period of time; and if it fails to make corrections within that period of time, it shall impose a fine of not less than double and not more than three times of the amount of social insurance premiums payable, and shall impose a fine of not less than $50,000 on the person directly responsible for it and other persons in charge of it, as well as on other persons in charge of it. Its directly responsible supervisors and other personnel directly responsible for the fine of five hundred yuan or more than three thousand yuan.

Article 86 stipulates: If an employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums within a certain period of time or to make up the full amount of social insurance premiums, and shall impose a fine of five ten thousandths of a percent of the amount of the unpaid premiums on a daily basis from the date of the unpaid premiums; if the employer fails to pay the premiums after the expiration of the period of time, the administrative department shall impose a fine of not less than double and not exceeding three times the amount of unpaid premiums.

(3) not according to the law to pay medical insurance, the employer may need to pay the employee's sick medical expenses

If the employee is sick, and the company does not happen to buy medical insurance for employees, the sick to pay for most of the hospitalization medical expenses borne by the company, and the specific proportion, are not the same everywhere.

(4) If the employer does not pay the workers' compensation insurance according to the law, the employer may have to pay the full amount or the difference of the workers' compensation items such as the one-time disability benefit to the injured employee

The calculation of the base amount of the items for which the social security fund of the injured employee is responsible for paying compensation varies according to the base amount of the workers' compensation insurance that the employer pays. If the employer has not purchased work injury insurance for the injured employee, the portion to be paid by the social security fund will be fully borne by the employer. If the employer has not purchased insurance based on actual wages, the employer may be required to pay the difference between the portion of the program for which the Social Security Fund is liable and the portion for which the injured worker is liable.

2. What is "not paying social insurance according to law"?

Failure to pay social insurance, including the employer did not establish a social security relationship for the workers in accordance with the statutory insurance, but also in accordance with the legal standard, the legal period for the workers to pay social insurance.

The statement of voluntary renunciation of payment of social security is invalid

Social insurance is a national compulsory insurance, and it is the legal obligation of the employer to apply for social insurance for the workers. Neither the employer nor the laborer can dispose of this right and obligation at will.

The agreement that the laborer voluntarily signed with the employer to give up social insurance is in violation of the law and is invalid.

As an invalid agreement, it is not legally binding on both the laborer and the employer, and the company should still bear the obligation to pay for the employee's social insurance.

Fourth, the employee does not want to pay social security is not allowed

According to the "People's Republic of China *** and the State Labor Law," the provisions of Article 72: "The social insurance fund according to the type of insurance to determine the source of funds, and the gradual implementation of the social integration. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law."

Therefore, the payment of social security is a legal obligation for the employer, which cannot be avoided. So as long as you sign a labor contract with a formal unit, the unit must pay social security for you, and of course along with that you have to pay social security according to the regulations.

Fifth, the enterprise can not give up the obligation to pay social security to the employees

Although the employees voluntarily give up the right to enjoy the social security, but the enterprise can not give up the obligation to pay social security. If the employee asks the enterprise to make up the payment, the enterprise must make up 100% of the employee's social security.

And did not pay social security during the period, the occurrence of work-related injuries and other accidents, the enterprise can not escape responsibility, whether or not the employees voluntarily give up insurance, as long as the company did not pay social security to the employees, the accidental injuries during the work period was recognized as work-related injuries, the original by the Work Injury Insurance Fund to pay the cost of the company has to pay. If the employee died in the line of duty, according to the provisions of our laws, the enterprise also pay a one-time death benefit.

With the introduction of judicial interpretations that make it clear that workers can demand compensation from employers for failure to pay social security in accordance with the law, as well as the widespread publicity of the Social Insurance Law in the media, workers in the form of lawsuits or labor arbitration large-scale demand that employers compensate for the loss of social security has come of age!

The company does not buy social security how to do

According to the relevant laws and regulations, the unit should be for the employee to participate in social insurance procedures, for the employee to pay social insurance premiums, the part of the individual bear by the unit from their wages withheld on behalf of the payment.

Employees must sign a contract with the unit, once a dispute occurs, the contract can be used as a proof of the formation of labor relations between the employee and the unit, in accordance with the "Employment Contract Law", "Social Insurance Law" and other relevant laws, as long as there is a labor relationship, the enterprise should be for the employee for social security.

For employees who joined the company without signing a contract `, the employee can be the pay stubs of previous years, stamped certificates, work clothes and other materials that can prove that there is a labor relationship with the unit, save it. Once the unit fails to apply for social security, you can go to the labor arbitration institution where the enterprise is located and file an arbitration. The local labor department will issue an arbitration opinion, the employee can be based on the arbitration opinion, to the enterprise to make up for the new social security requirements.

Please note:

1, if the company's social insurance premiums in the form of wages to the employees, the employees themselves to participate in the insurance is illegal.

2. Employers and workers avoid social insurance obligations by entering into an agreement, which is invalid because it violates the mandatory provisions of the law.

If a company does not buy social security or otherwise avoids its responsibility to buy social security for its employees, the worker can file a complaint with the Labor Security Supervision Department and ask the company to pay the social security premiums.

Related Laws:

Article 8 of the Administrative Provisions on the Declaration and Payment of Social Insurance Premiums:

An employer shall apply for social insurance registration and declare the payment of social insurance premiums for its employees within 30 days from the date of employment. If the employer fails to register for social insurance, the social insurance agency shall approve the social insurance premiums to be paid by the employer.

If the employer fails to declare the amount of social insurance premiums to be paid in accordance with the regulations, the social insurance agency will determine the amount to be paid by 110% of the amount paid by the employer in the previous month; if there is no amount paid in the previous month, the social insurance agency will determine the amount to be paid by taking into account the operating conditions of the employer, the number of employees, and the local average salary of the employees in the previous year. After the employer to make up the declaration procedures, the social insurance agency in accordance with the provisions of the settlement.

Article 16 of the Administrative Provisions on Declaration and Payment of Social Insurance Premiums:

If the employer has one of the following circumstances, the social insurance agency shall issue a notice on payment of social insurance premiums within five working days from the date of ascertaining the fact of non-payment, and the employer shall be ordered to pay the premiums within five working days from the date of receipt of the notice, and shall be informed that if the premiums are not paid by the end of that period, the amount shall be paid in accordance with the provisions of Articles 63, 86, and 87 of the Social Insurance Law. Articles 63 and 86 of the Social Insurance Law:

(1) Failure to declare and pay social insurance premiums in accordance with the regulations;

(2) Failure to pay the social insurance premiums in full and on time after the declaration;

(3) Underpayment of social insurance premiums due to concealment or omission of the number of employees and the base amount of contributions.