What should I do if the endowment insurance unit does not pay?

It is illegal for employers not to apply for basic old-age insurance for employees. The employing unit shall fulfill its obligation to pay social insurance for workers in a timely manner according to law. In this regard, employees can take the following measures:

1, explicitly requiring the employer to handle it immediately and pay the unpaid insurance premium for me;

2 complaints to the municipal and district administrative departments of labor security and labor security supervision departments;

3. Apply for labor arbitration to the municipal or district labor dispute arbitration institution within 60 days from the date of knowing that the employer has not paid the basic old-age insurance premium for itself, or within 60 days from the date of dissolution or termination of the labor contract with the employer (if the labor contract has not been signed, it shall be counted from the date of dismissal of the employer);

4. If the labor dispute arbitration institution refuses to accept it within the statutory time limit, it may bring a lawsuit to the people's court.

2. What are the legal provisions for endowment insurance?

Old-age insurance, the full name of social basic old-age insurance, is a social insurance system established by the state and society in accordance with certain laws and regulations to solve the basic life of workers who reach the working age limit stipulated by the state and terminate their labor obligations or quit their jobs because of old age.

According to the Social Insurance Law of People's Republic of China (PRC) and other relevant regulations, the endowment insurance will be reduced in stages.

1, calculation of endowment insurance amount:

The basic old-age insurance premium is shared by enterprises and employees: enterprises pay according to a certain proportion of the total average monthly salary of employees in last year (19% in Beijing, which may be different in other cities), and employees pay according to a certain proportion of the average monthly salary of employees in last year (generally 8%).

Urban individual industrial and commercial households, flexible employees and laid-off workers from state-owned enterprises who participate in the basic old-age insurance in their personal capacity shall pay the basic old-age insurance premium at a rate of 20% based on the average social wage in the province where they are located, and all of them shall be borne by themselves.

2, the base of endowment insurance:

The so-called payment base of social insurance refers to the wage base used by enterprises or employees to calculate and pay social insurance premiums. This base multiplied by the prescribed rate is the amount of social insurance premiums that enterprises or individuals should pay. Enterprises generally take the total wages of their employees as the payment base, and the average monthly salary of employees in the previous year is the salary base for individuals to pay social insurance premiums. In China, the payment base is approved by the social insurance agency according to the employer's declaration.

Generally speaking, if the wages paid by employees are higher than 300% of the average social wage in the previous year in the provinces and cities where they are located, 300% of the average social wage in the previous year will be used as the payment base; If the wages paid by employees are lower than 40% of the average social wage in the last year in the province where the wages are located, 40% of the average social wage in the last year in the province where the wages are located shall be used as the payment base. (The calculation ratio of the highest and lowest payment bases in each city may be different, and the calculation ratio and base published by the Municipal Human Resources and Social Security Bureau shall prevail. )

What if the unit doesn't help pay the pension?

1, explicitly requiring the employer to handle it immediately and pay the unpaid insurance premium for me;

2 complaints to the municipal and district administrative departments of labor security and labor security supervision departments;

3. Apply for labor arbitration to the municipal or district labor dispute arbitration institution within 60 days from the date of knowing that the employer has not paid the basic old-age insurance premium for itself, or within 60 days from the date of dissolution or termination of the labor contract with the employer (if the labor contract has not been signed, it shall be counted from the date of dismissal of the employer);

4. If the labor dispute arbitration institution refuses to accept it within the statutory time limit, it may bring a lawsuit to the people's court.

Legal basis:

Article 27 of the Regulations on Labor Security Supervision

When the employer declares the amount of social insurance premiums that should be paid to the social insurance agency, it conceals the total wages or the number of employees, and the administrative department of labor security shall order it to make corrections and impose a fine of not less than 0 times but not more than 3 times the total wages. Defrauding social insurance benefits or defrauding social insurance fund expenditures, the administrative department of labor security shall order it to be returned, and impose a fine of not less than 0 times but not more than 3 times the amount defrauded; If a crime is constituted, criminal responsibility shall be investigated according to law.