Job Recruitment Website - Social security inquiry - What if there is no money in the company account and social security has been in arrears?

What if there is no money in the company account and social security has been in arrears?

Legal analysis: If the unit fails to pay social security, employees can report to the social insurance administrative department, and the social insurance premium collection agency will order them to pay within a time limit and add a late fee. For the losses caused by the employer's failure to pay social security, such as medical expenses, maternity expenses, endowment insurance, etc. Employees can apply for arbitration according to law and bring a lawsuit to the court. If the employer fails to pay social insurance premiums in full and on time in accordance with the relevant laws and regulations, 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 charged on a daily basis; 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.

Legal basis: 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.

Eighty-ninth social insurance agencies and their staff have one of the following acts, and the social insurance administrative department shall order them to make corrections; If losses are caused to social insurance funds, employers or individuals, they shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law: (1) failing to perform the statutory duties of social insurance; (2) Failing to deposit the social insurance fund into the special financial account; (3) Deducting or refusing to pay social insurance benefits on time; (four) lost or tampered with the payment records, enjoy social insurance benefits records and other social insurance data, personal rights records; (five) other acts in violation of social insurance laws and regulations.

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The above answer is only for the current information combined with my understanding of the law, please refer carefully!

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