What if the enterprise doesn't pay social security?

According to the relevant provisions of the Labor Contract Law and the Social Insurance Law, it is the right and obligation of the employer to establish a labor relationship with the employee from the date of employment, conclude a labor contract and pay social security within one month. If the employer does not sign a labor contract or participate in endowment insurance, it violates the provisions of the Labor Contract Law and the Social Insurance Law.

Article 38 of the Labor Contract Law stipulates that a worker may terminate the labor contract under any of the following circumstances:

(1) Failing to provide labor protection and working conditions as agreed in the labor contract;

(2) Failing to pay labor remuneration in full and on time;

(3) Failing to pay social insurance premiums for laborers according to law;

(four) the rules and regulations of the employing unit violate the provisions of laws and regulations, and damage the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

Article 46 stipulates that the laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law; The employing unit shall pay economic compensation to the workers.

Article 1, pay one month's economic compensation every year.

Second, pay social security during the duration of labor relations.

Third, if you don't sign a labor contract, you should pay double wages as high as 65438+February. (Note the one-year limit)

What kind of punishment will the company get if it doesn't buy social security?

Article 62 of the Social Insurance Law, if the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the amount that should be paid shall be determined according to 1 10% of the amount paid by the employer last month; After the payment unit completes the declaration procedures, the social insurance fee collection agency shall make settlement in accordance with the provisions.

Article 63 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction will be used to offset the social insurance premium.

General principles for employers to pay social insurance: The employer shall, within 30 days from the date of its establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The social insurance agency shall, within fifteen days from the date of receiving the application, conduct an audit and issue a social insurance registration certificate; If the social insurance registration items of the employer are changed or the employer terminates according to law, it shall, within 30 days from the date of change or termination, go to the social insurance agency to change or cancel the social insurance registration; 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. Without social insurance registration, the social insurance agency shall verify the social insurance premium it should pay; 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, who shall inform me of the details of paying social insurance premiums on a monthly basis; If the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the amount that should be paid shall be determined according to 1 10% of the amount paid by the employer last month. After the payer completes the declaration procedures, the social insurance fee collection agency shall make settlement in accordance with the provisions. Punishment for the employer's overdue payment of social insurance premiums: If the employer fails to pay or repay the social insurance premiums within the time limit, the social insurance premium collection agency may inquire about its deposit accounts in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums; If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a holdover agreement; If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction will be used to offset the social insurance premium.

It is illegal for employers not to buy social insurance for workers. If employers fail to pay or make up social insurance premiums within the time limit, they will be bound by law. If the social insurance premium collection agency fails to repay the payment after issuing a written notice of payment, the collection agency may bring a lawsuit to the court and detain the property of the employer for deduction. After reading this, everyone knows what kind of punishment the company will get if it doesn't buy social security.

I hope I can help you! If you have any other questions, please contact a professional!

Legal basis: Article 38 of People's Republic of China (PRC) Labor Contract Law.

Under any of the following circumstances, the employee may terminate the labor contract:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) Failing to pay labor remuneration in full and on time;

(3) Failing to pay social insurance premiums for laborers according to law;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;