Job Recruitment Website - Social security inquiry - How can employees be paid if they voluntarily don't buy social security?

How can employees be paid if they voluntarily don't buy social security?

First of all, enterprises should pay and declare employees' salaries on time and truthfully. When paying their wages, they can pay in Gong Hu or cash. In addition, according to the relevant provisions of the Labor Law, enterprises should pay social security for their employees. In practice, there is no conflict between paying wages and paying social security. Enterprises can publicly develop wages, but not paying social security is another problem. If enterprises want to be legal and compliant, they can only declare their wages truthfully on the one hand and pay social security truthfully on the other.

Punishment for employers who fail to pay social insurance within the time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums; If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a holdover agreement; If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.

What are the legal consequences of not paying social insurance?

Consequences of workers not paying wages

1, unable to enjoy pension and medical insurance.

It is conditional to receive the endowment insurance fund. You need to pay a pension of 15 years, and you can only receive it every month after retirement. However, medical insurance needs to be paid for 20 years to enjoy it for life. Accumulated payment period of endowment insurance and medical insurance. The longer the payment time, the more money and benefits will be obtained.

It is impossible to buy a house in some cities.

Many cities directly link social security with the conditions of buying a house. Take Beijing as an example. If you want to buy a house in Beijing, you need to pay social security fees for at least five years, and you can't interrupt the middle diplomatic relations. Once diplomatic relations break down, the five-year period will be recalculated. If you don't buy an account, let alone calculate the number of years, then you can't even get into the threshold of buying a house.

(II) Consequences of non-payment by the company

If the employer fails to apply for social insurance registration, the social insurance management department shall order it to make corrections within a time limit; If no correction is made within the time limit, the social insurance premium paid by the employer will be doubled. If the fine is less than 1500 times, the directly responsible person in charge and other directly responsible personnel shall be fined from 500 yuan to 3,000 yuan.

If the 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, and the overdue part shall be added from the date of default. Charge one-fiftieth of the fee every day; 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.

Legal basis:

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

Article 57 An employing unit shall, within 30 days from the date of its establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The social insurance agency shall, within fifteen days from the date of receiving the application, examine and issue the social insurance registration certificate. Where the social insurance registration items of the employing unit are changed or the employing unit is terminated according to law, it shall, within 30 days from the date of change or termination, go to the social insurance agency to handle the change or cancellation of social insurance registration. The market supervision and management department, the civil affairs department and the organization management organ shall promptly inform the social insurance agency of the establishment and termination of the employing unit, and the public security organ shall promptly inform the social insurance agency of the birth, death, household registration, migration and cancellation of the individual.

Article 58 An employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration. The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.