What if employees fail to pay social security for personal reasons?

The employee fails to pay social security due to personal reasons, and the treatment method is as follows:

1, the employee does not agree to pay social insurance as one of the unqualified employment conditions.

Because employees don't agree to pay social insurance, after a major industrial accident, the employer may have to bear high expenses, but at this stage, the social security agency does not bear any responsibility for the industrial injury that occurred before the employer joined the insurance. Therefore, for employers with more employees going out and more industrial accidents, employees' refusal to pay social insurance should be regarded as one of the unqualified employment conditions to avoid the risk of industrial injuries in an all-round way.

2. Sign an agreement with employees to stipulate the compensation standard for not paying social insurance.

I have to admit that some units pay employees low wages, and if employees are required to pay social insurance, their own living conditions are quite problematic. In this case, if the employer wants to hire such employees, it can only be negotiated by both parties. First, the employer pays commercial insurance for them to avoid certain industrial injury risks, and then gives social compensation according to a certain amount every year. At the same time, the laborer also promised to give up the right to claim social insurance premiums from the employer, or to claim the right to pay social insurance premiums in the future.

3. Reach an industrial injury treatment agreement with the original unit of employees with dual labor relations.

If laid-off workers from state-owned enterprises and collective enterprises pay social insurance for them, they cannot use the work-related injury insurance paid by the original unit to avoid risks because of work-related injuries in the new employer. Therefore, the new employer should contact the laborer's original unit to reach the intention of secondment, or the original unit will declare the work-related injury after it occurs, and the new employer will bear the liability for compensation stipulated in the Regulations on Work-related Injury Insurance.

The administrative department of social insurance shall supervise and inspect the social insurance fund and have the right to take the following measures:

1. Consult, record and copy the information related to the income and expenditure, management and investment operation of social insurance funds, and seal up the information that may be transferred, hidden or lost;

2, ask the units and individuals related to the investigation, ask them to explain the problems related to the investigation, provide relevant certification materials;

3, to conceal, transfer, embezzlement, misappropriation of social insurance funds to stop and be ordered to make corrections.

To sum up, the company where users used to work is still paying social security for individuals, resulting in the company where users now work being unable to pay social security; The personnel department or human resource management department of the company where the individual currently works cannot pay social security due to improper operation and dereliction of duty. These are all possible reasons why social security cannot be bought.

Legal basis:

Article 59 of People's Republic of China (PRC) Social Insurance Law

The people's governments at or above the county level shall strengthen the collection of social insurance premiums.

Social insurance premiums shall be uniformly collected, and the implementation steps and specific measures shall be stipulated by the State Council.

Article 60

The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.

Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.

Article 61

Social insurance premium collection agencies shall collect social insurance premiums in full and on time according to law, and regularly inform employers and individuals of the payment.

Article 62

If the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the amount that should be paid shall be determined according to 1 10% of the amount paid by the unit last month; After the payment unit completes the declaration procedures, the social insurance fee collection agency shall make settlement in accordance with the provisions.

Article 63

If the 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 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; 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. 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.