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What should employees do if they ask not to buy social security enterprises?
Legal basis: People's Republic of China (PRC) Social Insurance Law.
Article 63 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 or make up within a time limit.
If the employer fails to pay or make up 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, and may apply to the relevant administrative department at or above the county level for making a decision on the allocation of social insurance premiums, and notify its bank or other financial institutions in writing to allocate social insurance premiums. 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 deferred payment agreement.
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, so as to offset the social insurance premium with the proceeds from the auction.
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 or make up for it within a time limit. If it fails to pay, it shall be subject to a daily fine of 0.5% from the date of default, and the relevant administrative department shall impose a fine of more than 3 times the unpaid amount/kloc-0.
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