Job Recruitment Website - Social security inquiry - The employer did not pay social security to employees how to do
The employer did not pay social security to employees how to do
You can apply to the unit to pay social security, there are units to bear the share of the payment, the individual to pay the individual need to bear the responsibility. Employers must pay social insurance for employees, this is a legally mandatory obligation, and the two sides of the legal obligations, labor relations between the two sides can not be negotiated. Employers do not pay social security there is a great legal risk: employees can always report to the labor inspectorate to require the employer to pay, the result is often a deadline to make up for the payment; according to the "labor contract law", article 38, the employer did not pay social insurance premiums for the workers in accordance with the law, the workers can terminate the labor contract, the employer should also pay economic compensation; if the employer pays social insurance premiums for medical care, work-related injuries, the employee in the workplace and other social insurance premiums, the employee is not required to pay social insurance premiums. If the employer pays social insurance premiums for medical care, work-related injuries, etc., the corresponding costs will be borne by the social security fund in the event of such situations occurring during the employee's employment. On the other hand, if the employer does not pay the social insurance premiums, the employer shall bear the expenses according to the standard of the social insurance.
Legal Objective:Article 47 of the Law of the People's Republic of China on Labor Contracts Economic compensation shall be paid to the laborer according to the number of years the laborer has worked for the organization, and one month's salary shall be paid to the laborer for each full year. If the period of employment is more than six months but less than one year, it shall be calculated on the basis of one year; if it is less than six months, the economic compensation shall be paid to the laborer in the amount of half a month's wages. Article 38 of the Law of the People's Republic of China on Labor Contracts An employer may terminate a labor contract if the employer: (a) fails to provide labor protection or labor conditions as agreed in the labor contract; (b) fails to pay the labor remuneration in full and on time; and (c) fails to pay the laborer's social insurance premiums in accordance with the law. Article 9 of the Regulations on Labour Security Supervision Any organization or individual has the right to report to the administrative department of labour security any violation of labour security laws, regulations or rules. Workers who believe that the employer violates their legitimate rights and interests in labor security have the right to complain to the administrative department of labor security.
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