Job Recruitment Website - Social security inquiry - What if private enterprises don't buy social security?
What if private enterprises don't buy social security?
1, the company has no license and social security registration certificate, that is, one boss leads several people to do business or illegally employs people. There is really no good way for the former, and workers can choose not to do it, while the latter can report their illegal business practices to the industrial and commercial departments. However, because there is no legal unit, there can be no social security problem. 2. The company has relevant licenses and fails to pay social security as required. Then, it depends on the relationship between the unit and employees: 3. After the termination of labor relations, workers have the right to complain and report to the labor inspection department or apply for labor arbitration. 4. Flexible employment relationship, that is, the employee and the company are temporary employment relationships, and the work does not exceed 20 hours a week and 4 hours a day, then the company can really not pay social security to employees. 5. Employees and units belong to non-labor relations (including general labor relations, cooperative relations and contractual relations, etc.). ), but it is not.
Legal basis: Regulations on the Administration of Social Insurance Premium Declaration and Payment.
Article 8 An employing unit shall, within 30 days from the date of employment, register social insurance for its employees and declare and pay social insurance premiums. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. If the employer fails to declare the amount of social insurance premiums payable according to the regulations, the social insurance agency shall temporarily determine the amount payable according to 1 10% of the amount paid by the unit last month; If there is no payment amount last month, the social insurance agency shall temporarily determine the amount of payment according to the operating conditions of the unit, the number of employees and the average salary of employees in the local last year. After the employer completes the declaration procedures, the social insurance agency shall settle the accounts in accordance with the provisions.
Article 9 If the employer fails to declare the payment on schedule due to force majeure, it may postpone the declaration; After the force majeure situation is eliminated, it shall immediately report to the social insurance agency. The social insurance agency shall ascertain the facts and approve them.
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