Labor law on social security contributions and compensation issues

In real life, the role of social insurance on the life of citizens is very important, people have to pay social insurance in accordance with the provisions of the social insurance, enjoy social insurance treatment, so the labor law social security provisions are what? I have organized the relevant legal knowledge for you, the following take a look at it, I believe it will help you.

In real life, the role of social insurance on the life of citizens is very important, people have to pay social insurance in accordance with the provisions of the social insurance to enjoy social insurance treatment, then the labor law social security provisions? I have organized the relevant legal knowledge for you, the following take a look at it, I believe it will help you.

A, the labor law social security provisions

The labor law on social security contributions and compensation provisions are as follows: according to the "Labor Law" Article 72: social insurance fund in accordance with the type of insurance to determine the source of funds, and the gradual implementation of social integration. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. Article 73 of the Labor Law: Workers shall enjoy social insurance benefits in accordance with the law under the following circumstances: (1) retirement; (2) illness or injury; (3) work-related disability or occupational disease; (4) unemployment; and (5) childbirth. In the event of a worker's death, his or her survivors are entitled to survivors' benefits in accordance with the law. The conditions and standards under which workers are entitled to social insurance benefits are prescribed by laws and regulations. The social insurance benefits enjoyed by workers must be paid in full and on time.

Two, the labor law dismissal of employees compensation standards

Employees leave the company for different reasons, in accordance with the provisions of the law, compensation or indemnity is not the same, specific reference can be made to the following point of view: if the company has no legitimate reason to dismiss the employee, it is unlawful to terminate the labor contract, should be paid for each year of work 2 months of salary as compensation. The average salary of 12 months before the departure of the employee to calculate the wage standard, is the average of all wages. If the company has arrears of wages or withholding wages or unilaterally transfer your work position or reduce your wages and other illegal reasons, you can be forced to leave or really is the production and management difficulties and other reasons for the termination of the compensation is compensated for each year of work compensation of one month's salary. If the company has underpaid or non-payment of overtime wages, you can be forced to leave the company or indeed production and management difficulties and other reasons for termination, is compensated, every year of work compensation for one month's salary. If the company does not provide labor conditions, disguised as a transfer, you can also be forced to leave, and require the company to pay you one month's salary for each year of work. At the same time, you can ask the company to settle all the wages if the company and you negotiate the termination of the labor contract, you should pay one month's salary for each year of work as compensation. If the employee takes the initiative to leave, there is no economic compensation, no matter how many years of work or what kind of labor contract is signed. The Labor Contract Law stipulates that economic compensation shall be paid as one month's salary for each full year of employment, six months for less than one year, and half a month's salary for less than six months. The compensation is the average of the last 12 months' salary. The standard of compensation for unlawful termination of employment is two times of the standard of economic compensation. In the following cases, it is legal for the company to terminate the employment and no compensation is required: 1. During the probationary period, it is proved that the employment conditions are not met; 2. Serious violation of the rules and regulations of the employing organization; 3. Serious dereliction of duty, malpractice, causing significant damage to the employing organization; 4. The worker establishes a labor relationship with other employing organizations at the same time, which has a serious effect on the completion of the unit's tasks, or if, upon the employing organization's proposal, the worker refuses to rectify his or her situation. The labor contract is invalid; 6, was investigated for criminal responsibility according to law

Third, the state social security regulations

Social security payment refers to the interruption of social security contributions due to some reason, the middle months did not pay, and now due to the recruitment and transfer or other reasons, need to make up for the previous part of the payment is not made to, so as to In order to obtain the complete social security time period, to ensure the normal recognition of the recruitment and settlement work. Under normal circumstances, the general unit can only do 2 months of retroactive payment, if you need a longer period of time through some agents to operate. According to the Social Insurance Law? Article 58 stipulates that the employer should apply for social insurance registration with the social insurance agency for its employees within 30 days from the date of employment. If the employer fails to register for social insurance, the social insurance agency shall approve the social insurance premiums to be paid by the employer. Article 63 stipulates that if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums within a certain period of time, or to pay them in full. In general, the period of time to make up the insurance according to the social insurance premium collection agency depending on the situation of the enterprise.

The above is what I introduced to you about the labor law social security provisions of the relevant content, employers and workers must participate in social insurance, social insurance premiums in accordance with the law.