A company all staff did not buy social security, the company to bear what consequences

What are the legal consequences of a company not buying social security for its employees?

(1) The company should pay back social security for the employees, and the labor bureau can also penalize the company; (2) The employees can terminate the labor contract and ask the company to pay economic compensation and pay back social security.

Article 72 of the Labor Law stipulates that employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. Article 100 stipulates that if an employer fails to pay social insurance premiums without any reason, the labor administrative department shall order it to pay the premiums within a certain period of time, and if it fails to pay the premiums after the expiration of the period of time, it may impose a late payment fee. According to Articles 38 and 46 of the Labor Contract Law, if an employer fails to pay social insurance premiums for a worker in accordance with the law, the worker may terminate the labor contract and the employer shall pay economic compensation. The second paragraph of Article 15 of the Regulations on the Promotion of Harmonious Labor Relations in the Shenzhen Special Economic Zone stipulates that if an employer fails to pay social insurance premiums for a worker in accordance with the law, the worker shall request the employer to do so in accordance with the law; if the employer fails to pay the premiums in accordance with the regulations within one month, the worker may terminate the labor contract, and the employer shall pay the economic compensation in accordance with the law. Therefore, the company for employees to pay social security is a mandatory obligation under the law, is by the unit and the individual in proportion **** the same bear, the unit accounts for the big head, the individual accounts for the small head, the so-called agreement itself is illegal state regulations, it is invalid.? The lawyer also analyzed that: due to the voluntary application of workers do not buy social insurance, resulting in the inability to enjoy the relevant social insurance treatment, should be borne by the employer. Social insurance is the state in order to maintain social stability, protect the legitimate rights and interests of workers, reduce the risk of the employer's important system, has the national mandatory, the workers voluntarily apply for not to buy social security behavior can not fight against the national social security collection system. As an employer, the purchase of social security for workers and the direct deduction of individual contributions from workers' wages have a legal basis. The employer's defense that the worker voluntarily applies for not purchasing social insurance, resulting in not being able to enjoy the relevant social insurance benefits should not be borne by the employer is not valid.

Single buy workers' compensation insurance, enterprises to avoid the risk of employment, on behalf of the social security, on behalf of the workers' compensation insurance, the Social Insurance Law, Article 63 strengthens the obligation of employers to pay employees' social insurance premiums, and stipulates the mandatory measures that can be taken against the failure of the employer to pay. The social insurance premium collection agency may inquire with banks and other financial institutions about their deposit accounts and apply to the relevant administrative departments for transfers. Where no security is provided, it may also apply to the people's court to take measures of seizure, attachment or auction against payment of social insurance premiums. If an employer fails to pay social insurance premiums in full and on time, a late fee of five ten-thousandths of a cent shall be added on a daily basis from the date of non-payment; if the payment is still not made after the expiration of the time limit, the administrative department concerned shall impose a fine of at least double and not exceeding three times the amount of the unpaid premiums. In the case of fraudulent social insurance treatment and expenditure, the fraudulent social insurance contributions shall be returned and a fine of not less than two times and not more than five times the amount of the fraud shall be imposed.

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Unpaid social insurance, the enterprise shall be responsible for work-related injuries, so how should enterprises prevent the risk of work-related injuries?

The Social Insurance Law was released on October 28, 2010, and will be formally implemented on July 1, 2011, which means that China's social insurance system has entered an era of legal norms. Until then, there are still some employers who do not pay social insurance for their workers in a timely manner. Experts pointed out that even if the workers voluntarily proposed and signed an agreement with the enterprise, because it does not meet the legal requirements, the enterprise is still not exempted from the responsibility of compensation for work-related injuries, mainly in three aspects.

One is that the laborer can file an arbitration and ask for compensation. According to article 38 of the labor law, the employer is at fault, the workers can put forward the request for economic compensation. If a company fails to pay social insurance in time, there will be a risk of compensation when the employee leaves the company.

The second is that when a work injury occurs, the enterprise has the greatest risk. Failure to pay social insurance, the occurrence of work-related injuries, the enterprise shall be liable. May therefore bear tens of thousands or even hundreds of thousands of medical expenses.

Third, the third person caused by the injury, the enterprise has no right to recover. If the injury is caused by a third party and the enterprise has paid social insurance, the social insurance fund will pay first, and then recover from the third party. Enterprises that do not pay social insurance have no right to recover from the third party, and the enterprise will bear the consequences.

Therefore, timely payment of social insurance is not only the protection of workers, but also the protection of enterprises. For work-related injuries, the lawyer reminded HR, on how to define what kind of situation belongs to the category of work-related injuries, should try to start from the interests of the employees, and submit the relevant materials to the labor security department, and the Labor Appraisal Committee to appraise the situation, which can maximize the protection of the workers, and also avoid disputes.

In addition, for part-time, freelance, part-time workers, etc., enterprises must pay attention to pay for their work injury insurance. Workers' compensation insurance can be paid by several organizations*** at the same time. When a workplace injury occurs, the actual situation can be ruled on which enterprise is responsible.

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