Job Recruitment Website - Social security inquiry - What evidence do you need to report the company's failure to pay social security?
What evidence do you need to report the company's failure to pay social security?
1, telling enterprises not to buy social security requires the following relevant evidence:
(1) In the absence of a labor contract, the evidence required for arbitration includes brand name, social security list, bank account, payroll, notice of dismissal, testimony, etc.
(2) If the employee is dismissed after signing the contract, he/she shall provide labor contract, payroll or wage flow, etc.
2. Legal basis: Article 10 of the Social Insurance Law of People's Republic of China (PRC).
Employees shall participate in the basic old-age insurance, and the employer and employees shall jointly pay the basic old-age insurance premium. Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium. The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.
2. What penalties will employers face if they don't pay social security?
1. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions;
2, and can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums;
3. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a holdover agreement;
4. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction will be used to offset the social insurance premium.
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