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Does the new labor law 2023 stipulate that social security must be paid?
1. Does the new labor law stipulate that social security must be paid?
At present, China has abolished the labor law, and the current one is the Labor Contract Law, and the relevant laws in the Labor Contract Law stipulate that units must pay insurance for employees. For employees who have already worked in a certain unit, they can pay social security on their behalf or by themselves. However, maternity insurance, unemployment insurance and industrial injury insurance can only be paid by the unit. Before handling the payment procedures, the unit can negotiate with the employees to determine the proportion of payment.
Second, what are the precautions for the company to pay social security for employees?
1. It is impossible for a company not to pay social security. According to the relevant laws and regulations of our country, the employer must pay five insurances for employees, including pension, work injury, maternity, unemployment and medical care, which is mandatory.
2. If the company fails to pay insurance, the relevant departments will punish the company and affect some annual audits of the company. If the company does not provide insurance for employees, it can go to a labor arbitration institution for arbitration, which is free of charge.
3. If the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract;
4. If the employee terminates the labor contract in accordance with relevant laws and regulations, the employer shall pay the employee economic compensation.
The employer can't simply think that any employee who resigns doesn't have to pay economic compensation.
5, the social insurance fund according to the types of insurance to determine the source of funds, and gradually implement social pooling.
3. What are the legal characteristics of social insurance?
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.
In China, social insurance
It is an important part of the social security system and occupies a core position in the whole social security system. In addition, social insurance is a contributory social security. The funds are mainly paid by employers and workers themselves, and the government finances give subsidies and bear the ultimate responsibility. Units are obliged to pay insurance for employees.
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