Job Recruitment Website - Social security inquiry - What if the company defaults on social security?
What if the company defaults on social security?
If the unit defaults on social insurance, it shall urge the unit to pay it in time. If the unit fails to perform its obligations, it can report to the labor inspection department, which will order the unit to pay in time. Individuals have no legal obligation to pay fees on behalf of the unit, and it is not good for individuals to pay fees unless they terminate their labor relations with the unit and continue to pay fees in their own name. 1. The employing unit shall fulfill its obligation to pay social insurance for workers in time according to law. The employer establishes a labor relationship with the employee, that is, within 30 days from the date of employment, it applies to the social insurance agency for social insurance registration. After self-declaration, the employer shall pay the social insurance premium in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. If the employer fails to pay social insurance on time, the social security 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 security agency may inquire with its bank or its bank, and may apply to the administrative department at or above the county level for the allocation of social insurance premium. If the balance of the employer's account is less than the social insurance premium that should be paid, the social security collection agency may require the employer to provide guarantee and sign a deferred payment agreement. Second, social insurance is a kind of insurance required by the state. The state develops social insurance undertakings, establishes a social insurance system and sets up a social insurance fund, with the aim of enabling workers to get help and enjoy insurance benefits in old age, illness, work injury, unemployment and childbirth. China's "Labor Law" and "Social Insurance Law" clearly stipulate that it is the legal obligation of the employer to pay social insurance for workers, which is obviously compulsory by the state, and the employer shall not refuse to undertake this legal obligation under any excuse or reason.
Legal objectivity:
Article 84 of the Social Insurance Law of People's Republic of China (PRC) stipulates that if the employer fails to register for social insurance, 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 of the Social Insurance Law of People's Republic of China (PRC) stipulates that 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 or make up within a time limit, and from the date of default, an overdue fine of five ten thousandths shall be charged on a daily basis; 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.
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