Job Recruitment Website - Social security inquiry - Can employees voluntarily not pay five insurances and one gold?
Can employees voluntarily not pay five insurances and one gold?
1. Participating in social insurance and paying social insurance premiums are mandatory provisions set by law for employers and employees, and they are legal obligations that employers and employees must perform at the same time, and employees have no right to refuse. Employers must pay the following five statutory social insurance premiums and housing accumulation funds for workers:
1. Endowment insurance;
2. Medical insurance;
3. Maternity insurance;
4. Unemployment insurance;
5. labor insurance;
6. Housing accumulation fund;
Two, the employer does not pay social insurance premiums for workers, will face the following consequences:
1. If the employer fails to pay the social security for the workers in full and on time, it will be charged a late payment fee of 0.5 ‰, or even a fine of more than 3 times the unpaid amount 1; Those who fail to pay the provident fund within the time limit will be fined 1 1,000 yuan to 50,000 yuan.
2. If the employer fails to pay social security for the workers in full and on time, it shall pay compensation. If the employer does not participate in social insurance, resulting in employees unable to enjoy social security benefits, then these expenses will be paid by the employer. Including: pension, unemployment benefits, maternity allowance, work injury allowance and other expenses. If an employee has an accident during work, he may face huge compensation from the company.
3. If the employer fails to pay social security for the workers in full and on time, it also needs to pay economic compensation for several months' wages to the workers. If the employer fails to pay insurance for employees according to the regulations, employees can not only terminate the labor contract at any time, but also require the employer to pay various insurances and pay economic compensation.
legal ground
Labor law of the people's Republic of China
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.
People's Republic of China (PRC) social insurance law
Article 2 The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, so as to guarantee citizens' right to receive material assistance from the state and society in accordance with the law in case of old age, illness, industrial injury, unemployment and maternity.
Article 86 If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of non-payment, 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.
People's Republic of China (PRC) labor contract law
Forty-sixth economic compensation in any of the following circumstances, the employer shall pay economic compensation to the workers:
The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
Dissolving a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract, unless the employee does not agree to renew it;
Dissolving the labor contract in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
Other circumstances stipulated by laws and administrative regulations.
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