Can the company not buy social security for its employees?

Companies have to buy social security for their employees. The company is obliged to register social security for employees within 30 days from the date of employment, and purchase social security according to law. If the enterprise refuses to buy, the social insurance fee collection agency will order it to pay or make up within a time limit.

Provisions on the original vouchers to ensure the payment of wages:

It is necessary to provide the payroll and accounting vouchers for the payment of wages during the reissue period (stamped with the company's official seal and financial seal, and the employees pay back the personal income tax records of the current month (printed with the local tax and stamped with the company's financial seal); Social security payment refers to the interruption of social security payment for some reason and no payment in the middle months. Now, due to recruitment or other reasons, it is necessary to make up the part that has not been paid before, in order to obtain a complete social security period and ensure the normal identification of recruitment and settlement. If the payer (excluding individuals and freelancers) fails to pay the employee's old-age insurance premium, he shall bring the following materials to the social security agency to pay the basic old-age insurance premium: employee file and old-age insurance manual; Application form for payment of basic old-age insurance premium; Labor contract, salary payment list, employee's tax payment certificate for the current month, etc. ; Other relevant materials.

Personal social security payment process: for employees of the unit, social security payment business is usually handled in the name of the unit. The relevant insured personnel of this unit will follow the established social security handling process. Individuals need to fill in the social security application form, my ID card and two recent bareheaded one-inch photos. The unit will pay you the premium according to a certain proportion of your personal salary.

For individuals, if they want to pay premiums, they can only pay pension and medical insurance. The specific payment process is as follows: go directly to the social security management department where the household registration is located, and generally apply for social security in the township social security department (community neighborhood Committee) or county social security bureau.

Various legal consequences of the company's failure to pay social security:

Administrative punishment. If the employer fails to register, change or cancel the registration of social insurance for employees according to law, or fails to declare the amount of social insurance premiums payable in accordance with the regulations, the social insurance department shall order it to make corrections within a time limit. If the unit does not correct it in time, it will face administrative punishment.

If the employer fails to pay social insurance premiums without reason, the social insurance premium collection agency shall order it to pay within a time limit or make up for it, and the more serious punishment is to impose a late payment fee of 0.5% on a daily basis from the date of default.

The employer and the responsible person shall be fined. The social insurance premium collection agency shall order the employer to pay social insurance premiums. If the employer fails to pay social insurance premiums within the time limit, it shall be fined more than one time and less than three times the social insurance premiums payable.

The unit fails to handle social insurance and pay fees for employees according to law. If the circumstances are serious, the responsible person shall be fined more than 5000 yuan 1000 yuan; If the circumstances are particularly serious, a fine of more than 5000 yuan 10000 yuan shall be imposed.

Seal up, detain and auction the property of the unit. Those who fail to pay or make up social insurance premiums within the prescribed time limit may apply to the departments at or above the county level for allocation. If the account balance is insufficient, the unit may be required to provide a guarantee. Those who refuse to provide a guarantee may apply to the people's court for sealing up, distraining or auctioning their equivalent property.

Be included in the "blacklist" of credit information. Those who fail to purchase social security for workers according to law will be blacklisted by government agencies. Units will be subject to various restrictions, including government procurement, transportation, bidding, production license, qualification examination, financing loans, market access and tax incentives.

Compensation for work-related injury, maternity, unemployment insurance and pension insurance losses. If the employer fails to pay social security, resulting in employees unable to enjoy work-related injury and maternity unemployment insurance, the employer shall compensate for the loss of work-related injury insurance according to the project standards. If employees are not provided with social insurance, and social insurance institutions cannot reissue them, employees will not be eligible for social insurance benefits. The employing unit shall pay the insurance benefits or compensate the losses to the employees according to the insurance standards.

Workers can terminate the labor contract at any time and pay economic compensation. If the employer fails to pay social insurance for the employee according to law, the employee may propose according to law to terminate the labor contract at any time and demand to pay economic compensation on the grounds that the employer fails to pay social insurance.

laws and regulations

Article 57 of the Social Insurance Law of People's Republic of China (PRC), the employing unit shall, within 30 days from the date of its establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The social insurance agency shall, within fifteen days from the date of receiving the application, examine and issue the social insurance registration certificate.

Where the social insurance registration items of the employing unit are changed or the employing unit is terminated according to law, it shall, within 30 days from the date of change or termination, go to the social insurance agency to handle the change or cancellation of social insurance registration.

The market supervision and management department, the civil affairs department and the organization management organ shall promptly inform the social insurance agency of the establishment and termination of the employing unit, and the public security organ shall promptly inform the social insurance agency of the birth, death, household registration, migration and cancellation of the individual.

Article 58 An employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.

The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.