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How to sue the company for not paying social security?
Legal basis: Article 16 of the Administrative Provisions on the Declaration and Payment of Social Insurance Fees, if an employer is under any of the following circumstances, the social insurance agency shall issue a Notice of Default of Social Insurance Fees within five working days from the date of finding out the fact of default, order the employer to pay back the social insurance fees within five working days after receiving the notice, and inform it that if it fails to pay the social insurance fees within the time limit, it will be handled in accordance with the provisions of Articles 63 and 86 of the Social Insurance Law:
(a) failing to declare and pay social insurance premiums in accordance with the provisions;
(2) Failing to pay social insurance premiums in full and on time after the declaration;
(three) due to concealment, omission of the number of employees, payment base and other matters and pay less social insurance premiums.
Article 63 of the Social Insurance Law of People's Republic of China (PRC), if an 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.
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 deferred payment agreement.
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