Job Recruitment Website - Social security inquiry - How can I tell the personnel if I don't want to pay social security?
How can I tell the personnel if I don't want to pay social security?
Paying social security is the legal obligation of the company. If you really don't want to pay, you can also make a written commitment to voluntarily give up social security payment. In the event of an industrial accident, you can voluntarily bear the responsibility, and you can't claim the legal responsibility of industrial injury insurance, maternity insurance and unemployment insurance benefits that you can't enjoy because you give up social security payment. To pay social security, this is stipulated by law, even if you want to give up writing an agreement, it is invalid. The company does not promise not to pay compensation, because once you go back on your word, the company will not only make up the money, but also bear a high late payment fee. Second, social security is the most basic thing that everyone will definitely face. Individuals have to pay three parts, 8% old-age insurance, 2% medical insurance and 0.2% unemployment insurance.
Consequences of the employer's failure to pay social security: if the employee terminates the labor contract and asks for economic compensation, it will be paid to the employee according to the standard of paying one month's salary for each full year of working in the unit; Compensation for workers' social insurance welfare losses; The social insurance fee collection agency shall order it to pay or make up within a time limit, and impose a late fee on a daily basis from the date of default; Those who fail to pay within the time limit shall be fined by the relevant administrative departments.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 38 In any of the following circumstances, the employer may unilaterally terminate the labor contract:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
People's Republic of China (PRC) social insurance law
Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay 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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