Job Recruitment Website - Social security inquiry - What if the enterprise fails to pay the social security fee?
What if the enterprise fails to pay the social security fee?
1. Communicate and negotiate with the enterprise: If the enterprise slightly owes the social security fee, it can communicate and negotiate with the enterprise to understand the reasons for the unpaid situation, negotiate and formulate a repayment plan, and gradually fill the gap;
2. Complaint and report to the labor inspection department: if the enterprise refuses to perform its obligations or delays repayment, it can complain and report to the local labor inspection department and ask the enterprise to fulfill its social security payment obligations;
3. sue the enterprise: if the enterprise is seriously in arrears with social security fees, it can recover the arrears through legal channels. You can entrust a lawyer to sue the enterprise, require the enterprise to fulfill its social security payment obligations, and compensate the losses caused by unpaid social security fees.
The social security payment period is stipulated as follows:
1, the cumulative payment period of medical insurance (including the deemed payment period and actual payment period in this city) shall be 30 years for men and 25 years for women;
2. The social insurance plan is organized by the government, forcing a certain group to use part of its income as social insurance tax to form a social insurance fund, from which the insured can obtain fixed income and loss compensation;
3. Pay the basic old-age insurance premium 15 years and the basic medical insurance premium for 20 years in the same city. When retiring, it will be calculated according to the standard of the city where the payment is made;
4 to participate in the basic old-age insurance, individuals who have reached the statutory retirement age and accumulated contributions for fifteen years, receive the basic pension on a monthly basis.
To sum up, social security policies and procedures may be different in different regions. It is recommended to consult the local social security center and relevant departments in time to understand the specific solutions.
Legal basis:
Article 84 of the Social Insurance Law of People's Republic of China (PRC)
If the employer fails to apply for social insurance registration, 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
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 it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; 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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