Job Recruitment Website - Social security inquiry - Why can't enterprise social security be refunded?
Why can't enterprise social security be refunded?
Social insurance is mainly through raising social insurance funds, coordinating and adjusting social insurance funds within a certain range, and giving necessary help to workers when they encounter labor risks. Social insurance provides basic living security for workers. Workers can enjoy social insurance benefits as long as they meet the conditions for enjoying social insurance, that is, they have established labor relations with employers or paid various social insurance premiums according to regulations. Social insurance is the core content of social security system. The social security of employees in enterprises includes those paid by companies and those paid by individuals. Among them, the company's contribution will enter the national overall account, and the individual's contribution will enter the personal account, so the part paid by the enterprise cannot be refunded.
To sum up, the answer to the question whether a company as a legal person can refund social security needs to be discussed in different situations. Soldiers who retire from the army, lose their nationality and voluntarily can choose to surrender. Otherwise, you can't surrender. If there is no situation that the company can surrender to the workers, it is illegal and needs to bear legal responsibility.
legal ground
People's Republic of China (PRC) social insurance law
Article 87 Where social insurance agencies, medical institutions, pharmaceutical trading entities and other social insurance service institutions defraud social insurance fund expenditures by means of fraud or forgery of certification materials, the social insurance administrative department shall order them to return the defrauded social insurance money and impose a fine of more than 2 times but less than 5 times the amount defrauded; If it belongs to a social insurance service institution, the service agreement shall be terminated; If the directly responsible person in charge and other directly responsible personnel are qualified, their qualifications shall be revoked according to law. Article 88 Anyone who defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and shall be fined at least two times but not more than five times the amount defrauded. Article 90 Where a social insurance premium collection agency arbitrarily changes the base and rate of social insurance premium payment, resulting in underpayment or overpayment of social insurance premium, the relevant administrative department shall order it to recover the social insurance premium that should be paid or refund the social insurance premium that should not be paid; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.
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