Job Recruitment Website - Social security inquiry - Employees said the company didn't pay social security,
Employees said the company didn't pay social security,
For the problem description, the following analysis can be made:
First, according to the provisions of Article 72 of the Labor Law, the social insurance fund determines the source of funds according to the types of insurance, and gradually implements social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law. Article 86 of the Social Insurance Law of People's Republic of China (PRC) stipulates that social insurance is compulsory by the state, and it is the legal obligation of the unit to handle social insurance for employees. Therefore, it is difficult to defend on this ground.
Second, if it really belongs to the situation that employees are unwilling to pay, they can only collect and save relevant evidence to protect their rights.
Third, however, it is difficult to defend rights, and it is better to negotiate with employees.
Action suggestion
1. First, friendly consultation with employees, recording at the same time, and fixing evidence;
2. At the same time, collect and save relevant evidence that employees are unwilling to pay insurance. 4. If negotiation fails, first call the labor inspection brigade to complain;
3. Provide these evidences to the Labor Bureau to explain the actual situation.
Relevant laws and regulations
People's Republic of China (PRC) social insurance law
Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance agency shall order it to pay within a time limit or make up for it, and an overdue fine of 5/10000 shall be added daily from the date of default; 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.
labour law
Article 72 The sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.
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