How to deal with employees who voluntarily fail to pay social security?

The guarantee that employees "voluntarily do not buy social insurance" has no legal basis in labor arbitration and labor dispute complaints.

First of all, there is no legal basis for employees to "voluntarily not buy social insurance" in labor arbitration and labor dispute complaints.

According to the relevant provisions of the Labor Contract Law, social security must be purchased, which is legally mandatory.

But when employees are unwilling to buy social security, the company can start from several aspects:

First, try to persuade employees to buy social security. By strengthening the company's publicity on the benefits of buying social security and the relevant provisions of the Labor Contract Law and other laws and regulations, try to let employees know about social security in a comprehensive and detailed way, and clearly inform employees that the part paid by individuals can be withdrawn after leaving the company.

For employers with more employees going out and more industrial accidents, strengthen employees' understanding. After a major industrial accident, employers will have to bear a higher amount of expenses because employees do not agree to pay social insurance.

Second, the company can clearly put forward relevant provisions in the relevant management system, such as stating in the employee handbook and labor contract that the company will pay social security fees in accordance with the relevant provisions of the national social security.

Third, for jobs with high mobility, companies can handle commercial insurance for employees who are unwilling to buy social security.

(such as employer liability insurance and group accident insurance, etc.). ), or buy work-related injury insurance separately, and send him a written notice in advance, telling him to provide relevant procedures on a certain day of each month to avoid risks.

If the enterprise fails to pay social security, the social insurance administrative department shall order it to make corrections within a time limit. If the employer fails to pay the social insurance premium in full and on time, an overdue fine of 5/10000 shall be charged on a daily basis from the date of default; If no correction is made within the time limit, the employer shall be fined more than one time and less than three times the social insurance premium payable.

legal ground

To sum up, it is Bian Xiao's relevant answer on how to deal with employees' voluntary non-payment of social security, hoping to help you.

legal ground

Article 4 of the Social Insurance Law

Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights records, and require social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

Article 84 of the Social Insurance Law of People's Republic of China (PRC)

If the employer fails to apply for social insurance registration, 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.

Article 86

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 daily; 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.