Social security payment requirements of listed companies

According to the second paragraph of Article 25 of the Measures for the Administration of Initial Public Offering and Listing, the issuer has not been subject to administrative punishment for violating laws and administrative regulations such as industry and commerce, taxation, land, environmental protection and customs in the last 36 months, and the circumstances are serious. Paragraph 3 of Article 10 of the Interim Regulations on the Administration of Stock Issuance and Trading stipulates that the issuer has not committed any major illegal acts in the last three years. Article 72 of the Labor Law of People's Republic of China (PRC) stipulates: "Employers and workers must participate in social insurance and pay social insurance premiums according to law". According to this regulation, both parties to labor relations must participate in social insurance and pay social insurance premiums, which is a legal obligation set by the labor law for the parties to labor relations. In addition, according to the requirements of the Interim Regulations on the Collection and Payment of Social Insurance Fees, paying social insurance according to law is also a basic requirement for business operators. Article 3 of the Provisional Regulations on the Collection and Payment of Social Insurance Fees stipulates that "the collection scope of basic old-age insurance premiums includes state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises and their employees, and institutions and their employees that implement enterprise management. The collection scope of basic medical insurance premium: state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises and their employees, state organs and their employees, institutions and their employees, private non-enterprise units and their employees, social organizations and their full-time employees. The scope of collection of unemployment insurance premiums: state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises and their employees, institutions and their employees. " According to this document, the labor and social security departments of various provinces and cities have signed the measures for the administration of collection and payment in their respective regions. The scope of the insured and the proportion of payment should be implemented according to the regulations and the specific requirements of each region, and should not be treated flexibly. Taking Jiangsu Province as an example, Article 10 of the Regulations on the Collection and Payment of Social Insurance Fees in Jiangsu Province stipulates: "The payer shall declare the amount of social insurance premiums payable to the social insurance agency on a monthly basis according to the total wages, wages and rates of its employees, and after being approved by the social insurance agency, pay the social insurance premiums monthly within the prescribed time limit and fulfill the obligation of withholding and remitting social insurance premiums according to law. The total wages of employees mentioned in the preceding paragraph refers to the total labor remuneration paid directly by the payer to all employees of the unit; Wage income of employees refers to labor remuneration (including wages, bonuses, allowances, subsidies and other wage income, etc.). ) paid directly by the payment unit. " The National Statistics Bureau's "Regulations on the Composition of Total Wages" stipulates that: "Total wages refer to the total amount of labor remuneration paid directly by each unit to all employees in a certain period of time." "The total salary consists of the following six parts: (1) hourly salary; (2) piece rate; (3) bonuses; (4) Allowances and subsidies; (5) Overtime pay; (6) Wages paid under special circumstances ". Article 1 1 stipulates that the scope that cannot be included in the total wages is: "(1) The invention and creation award, natural science award, scientific and technological progress award, rationalization proposal and technical improvement award paid according to the relevant regulations issued by the State Council, and the bonuses paid to athletes and coaches; (2) Expenses related to labor insurance and employee welfare; (three) expenses related to the treatment of retired, retired and resigned personnel; (4) Labor protection expenditure; (five) remuneration, lecture fees and other professional remuneration; (six) food subsidies, meals, transit travel expenses and resettlement fees; (seven) tools and livestock compensation fees paid by employees who bring their own tools and livestock to work in enterprises; (eight) the risk compensation income of the lessee who implements the leasing business unit; (9) Dividends (including share dividends) and interest paid to employees who buy stocks and bonds of this enterprise; (ten) the medical subsidy and living allowance paid by the enterprise when the employee of the labor contract system terminates the labor contract; (eleven) the handling fee or management fee paid to the employing unit in addition to the salary of hiring temporary workers; (12) Processing fees paid to domestic workers and contracting fees paid to contractors according to processing orders; (thirteen) subsidies paid to students who participate in enterprise labor; (fourteen) "family planning one-child subsidy". The above provisions have made detailed and clear provisions on the components of the total wages and those that are not included in the total wages, which is the legal basis for calculating the total wages. For the company, it is its legal obligation and social responsibility to pay social insurance in full according to law. The biggest difference between domestic IPO and overseas IPO is that overseas IPO pays more attention to performance and growth, while domestic IPO pays more attention to compliance and details. At present, domestic IPO audit is divided into legal compliance audit and financial information audit. Domestic IPO audit pays great attention to the historical evolution, taxation and social insurance of the company to be listed, while overseas IPO audit, including China mainland and Hongkong, is more relaxed about things other than performance and growth. In fact, social security, like environmental protection and taxation, belongs to the category of social responsibility and public responsibility. China's Shanghai Stock Exchange and Shenzhen Stock Exchange have also issued corresponding guidelines on social responsibility information disclosure of listed companies. As a company to be listed, it should not only fulfill the legal obligation of paying social security in full according to law, but also bear the social responsibility of paying social security in order to have a demonstration effect.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.