What if the enterprise owes too much social security for too long?

What enterprises should do if they owe too much social security for too long needs specific analysis. The following is an analysis: there are two situations in which enterprises owe social security:

First, the enterprise operates normally, but fails to pay social security for employees on time;

Second, the company is facing bankruptcy, and the company does not have enough money to deduct social security?

1. If the unit operates normally, but fails to pay social security in full and on time, the social insurance fee collection agency shall order it to pay 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. If it is only temporary arrears, the enterprise will pay it back, which has no effect on employee social security.

There is a more difficult situation. The company went bankrupt or closed down, and the employee social security was not transferred out in time. Employees' social security has been in arrears, and it is impossible for employees to participate in the new unit normally.

There are usually two solutions to this situation:

1. Take Hangzhou and Hefei as examples. After paying off some personal social security fees (social insurance premiums are paid by both employers and individuals), they can be paid normally. Therefore, if the unit does not pay, the individual can repay the expenses.

2. Take Tianjin as an example. If you stop paying for more than two months, you can go to the Social Security Bureau to print the record of stopping paying, fill in the application for losing the connection, and go to the local labor bureau to handle the resignation, so you can handle the transfer.

The treatment of enterprise social security arrears is as follows:

1. Timely payment: If the fees owed are small, the enterprise can pay the arrears as soon as possible to avoid fines and high interest.

2. Negotiation extension: If the enterprise is in a tight financial situation at present, it can negotiate with the local social security management agency to extend the payment time and gradually complete the payment of social security fees.

3. Face it rationally: If the enterprise's arrears are complicated, it is necessary to actively communicate with social security management agencies, seek legal and financial support from third parties, and deal with related issues.

4. Self-examination and self-correction: Enterprises need to pay close attention to changes in social security policies, consciously fulfill their payment obligations, strengthen internal management, and ensure the implementation of various responsibilities.

Through the above methods, enterprises can repay the social security arrears, promote the healthy development of enterprises and avoid unnecessary economic losses.

If the employer fails to pay social security, the employee can directly complain to the labor inspection department or the social security center.

For the losses caused by the employer's failure to pay social security, such as medical expenses, maternity expenses, endowment insurance, etc. Employees can apply for arbitration according to law and bring a lawsuit to the court.

It should be noted that the limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

legal ground

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

Article 60 The employing unit shall declare on its own and pay social insurance premiums in full and on time. Except for legal reasons such as force majeure, the payment shall not be postponed or reduced. 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.

Sixty-first social insurance fee collection agencies shall collect social insurance premiums in full and on time according to law, and regularly inform employers and individuals of the payment situation.

Article 62 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 83 If an employing unit or individual thinks that the behavior of a social insurance fee collection agency infringes upon its lawful rights and interests, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. The employing unit or individual may apply for administrative reconsideration or bring an administrative lawsuit against the social insurance agency for failing to register social insurance, verify social insurance premiums, pay social insurance benefits, handle social insurance transfer and connection procedures or infringe upon other social insurance rights and interests according to law. Individuals and employers who have social insurance disputes may apply for mediation, arbitration and bring a lawsuit according to law. If an employer infringes upon an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law.

Article 86 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 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.