Job Recruitment Website - Social security inquiry - How can the company compensate for not paying social security in full?
How can the company compensate for not paying social security in full?
First of all, the employer has gone through the social insurance formalities for the workers. Workers who have objections to the social security payment base should apply to the relevant functional departments for handling through administrative channels. This kind of reason cannot be used as a reason for the laborer to unilaterally terminate the labor contract and demand economic compensation.
Secondly, 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.
Finally, if the employer fails to pay the social insurance premium in full and fails to provide a 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, and use the auction proceeds to offset the social insurance premium.
The significance of paying social security to enterprises is as follows:
1, social security is a necessary condition for enterprises to operate legally. Enterprises must include employees in the scope of social security according to laws and regulations, otherwise they will face penalties such as fines and suspension of business for rectification;
2. Social security is the embodiment of corporate social responsibility. Paying social security is a positive way to safeguard employees' rights and interests, improve employees' welfare benefits and meet employees' basic survival needs, which reflects the concern and love of enterprises for employees.
3. Social security can enhance employees' sense of belonging and cohesion. Employees have a stronger sense of identity and security, so they are more willing to work for the enterprise, thus promoting the development of the enterprise.
To sum up, paying social insurance for employees is one of the effective ways to prove labor relations. Paying social security is not only the legal obligation of enterprises and employees, but also the protection of their rights. Enterprises need to pay close attention to the changes in social security policies and make necessary adjustments. At the same time, employees should properly handle the social security relationship after leaving their jobs, so as not to bring unnecessary troubles and losses to enterprises.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 38
Under any of the following circumstances, the employee may terminate the labor contract:
(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.
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