Job Recruitment Website - Social security inquiry - Do workers have to pay social security when they enter the employer's work?
Do workers have to pay social security when they enter the employer's work?
After the formal written labor contract is signed between the employee and the unit, if it is a full-time labor contract, the employer must pay social insurance for the employee, which is the national compulsory insurance regulation. If you don't pay, it's illegal. No matter whether the employer and the employee have signed a written labor contract, as long as there is a labor relationship between them, they must pay social security according to the regulations.
However, not all labor contracts need to pay social insurance, and part-time labor contracts or labor contract companies do not have to pay social insurance for employees.
1. Labor contracts are generally temporary and similar in nature, so both parties do not belong to labor relations, and the employer may not pay social security to employees;
2. If there is a labor relationship between the two parties, the employer must purchase social security for the employees. Otherwise, the employer's behavior is illegal, and the employee can complain and report to the local social security department.
Failure to pay social insurance may bring the following hidden dangers to the employer
1, double salary without labor contract. The maximum support is 1 1 month.
2. Pay labor insurance and bear the late payment fee.
3. Unemployment insurance.
4. Even if the employee resigns, he is still sentenced to pay the economic compensation for the termination of the labor contract.
5. If a labor contract has not been signed for more than one year, it shall be deemed as signing an open-ended labor contract with employees.
6. If an employee is sick, he can claim the expenses that the medical insurance should bear from the unit.
7. When a female worker gives birth to a child, she claims that maternity insurance should reimburse medical expenses and maternity allowance. If employees give birth late, the amount of maternity allowance will reach nearly 20 thousand yuan.
8. Workers who suffer work-related injuries claim the treatment of work-related injuries that should have been paid by the work-related injury insurance fund. The amount involved is also quite large. At present, the compensation for work death is nearly 400,000 (excluding the pension for dependent relatives).
9. You may face fines from the labor inspection department and the social security department.
Legal basis:
Article 60 of People's Republic of China (PRC) Social Insurance Law
The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.
Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.
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