How to write the explanation that China doesn't pay social security?

The description of unpaid social security in China includes: unpaid time, unpaid social security personnel's name and ID number, unpaid reason, agent and time, etc. According to China's social insurance law, employers need to pay social insurance for employees. 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 or make up within a time limit.

1. How to write the explanation of China's failure to pay social security?

You can fill in an application for not paying social insurance. The details are as follows:

app; application

I signed up on _ _ _ _ _ _ _ _.

After working in the company, the company will pay social insurance for me, but I have already insured it in _ _ _ _ _ _ _.

I solemnly declare that I can't pay social insurance for me according to national laws because I haven't stopped insurance, and the consequences and responsibilities arising therefrom shall be borne by me. The company has paid me the social insurance premium paid by the individual. If the company pays the relevant social insurance premiums in the future, it is willing to return the part paid by the individual to the company.

Applicant: year month day.

Second, what will happen if the unit fails to pay social security?

In violation of the provisions of the Labor Law, it is illegal for an employer not to pay wages or not to pay wages according to regulations, and it is necessary to bear corresponding legal responsibilities:

1. The laborer has the right to terminate the labor contract, and the employer shall pay economic compensation.

According to Article 38 of the Labor Contract Law, a worker may terminate the labor contract under any of the following circumstances:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) Failing to pay labor remuneration in full and on time;

(3) Failing to pay social insurance premiums for laborers according to law;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

Article 46 stipulates that in any of the following circumstances, the employer shall pay economic compensation to the laborer:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

The above-mentioned laws give workers the right to terminate the labor contract without written notice or prior notice if the employer fails to pay social insurance premiums for the workers according to law. Moreover, the employing unit should also pay economic compensation to the workers, and if not, it should also pay compensation twice as much as the economic compensation.

2. Laborers have the right to demand compensation from the employer for their losses on the grounds that the employer failed to handle the social insurance formalities for them and the social insurance agency could not make up for it, resulting in their inability to enjoy social insurance benefits.

According to the provisions of Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (III):

The people's court shall accept the disputes arising from the failure of the employer to handle the social insurance procedures for the workers and the inability of the social insurance agency to make up for them, which leads to the inability of the workers to enjoy social insurance benefits.

Before the judicial interpretation of this article was promulgated, labor arbitration institutions and courts generally rejected workers' requests for employers to directly compensate workers for failing to pay social security. Although the laborer's request for the employer to pay social security will be supported, because the social security agency clearly does not handle the supplementary payment business, the laborer's request cannot be realized in essence.

The promulgation of this judicial interpretation will have a significant and far-reaching impact on the employer's payment of social security!

3. Administrative penalties imposed by social security institutions on employers.

(1) The social security agency has the right to directly impose a fine on the employer and the person in charge who have not registered for social security.

Article 84 of the Social Insurance Law stipulates that if an employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.

(2) Social security agencies have the right to directly fine employers who fail to pay social insurance premiums in full and on time.

Article 85 of the Social Insurance Law stipulates that 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 default, an overdue fine of 5/10000 shall be added on a daily basis; 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.

China's regulations on social insurance payment are very strict, so we must pay attention to the relevant regulations on social insurance payment in our daily life, and we must pay attention to the explanation when we do not pay social insurance.