1. What should I do if I sign a labor contract and do not pay social security?
If the employer fails to pay social insurance to the employee, the employee may:
1. Ask the employer to help employees open social security accounts and make up for social security expenses
2. Report or complain to the labor administrative department;
3. If necessary, apply for labor arbitration.
2. What is the responsibility of the company for not paying social security to employees?
The legal liability of the employer for non-payment of social insurance mainly exists in two aspects: one is administrative liability, and the other is civil liability.
1) Let's talk about administrative responsibility first.
Article 84 of the Social Insurance Law: If an employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a specified period of timeIf the employer fails to make corrections within the time limit, the employer shall be fined not less than one time but not more than three times the amount of social insurance premiums payable, and the person in charge who is directly responsible and other persons who are directly responsible shall be fined not less than 500 yuan but not more than 3,000 yuan.
Article 23 of the Interim Regulations on the Collection and Payment of Social Insurance Premiums: If a paying entity fails to register, change or cancel its social insurance registration in accordance with the regulations, or fails to declare the amount of social insurance premiums to be paid in accordance with the regulations, the labor and social security administrative department shall order it to make corrections within a time limitwhere the circumstances are serious, the directly responsible managers and other directly responsible personnel may be fined between 1,000 and 5,000 RMB;where the circumstances are especially serious, the directly responsible managers and other directly responsible personnel may be fined between 5,000 and 10,000 RMB.
Article 62 of the Regulations on Work-related Injury Insurance: If an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the social insurance administrative department shall order it to participate within a time limit, pay the work-related injury insurance premiums that should be paid, and impose a late payment penalty of 5/10,000 per day from the date of non-paymentIf the payment is still not made within the time limit, a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment shall be imposed.
Article 27 of the Regulations on the Supervision of Labor and Social Security: If an employer conceals the total amount of wages or the number of employees when declaring the amount of social insurance premiums to be paid to the social insurance agency, the labor and social security administrative department shall order it to make corrections and impose a fine of not less than one time but not more than three times the amount of wages concealed.
Article 17 of the Measures for Administrative Penalties of the Labor Law of the People's Republic of China: If an employer fails to pay social insurance premiums without reason, it shall order it to pay within a time limitIf the payment is not made within the time limit, in addition to ordering the person to make up the arrears, a late fee of 2/1000 of the amount in arrears may be imposed on each day. Late fee income is incorporated into social insurance**.
From the above provisions, it can be seen that the administrative liability is mainly fines and late fees, although the amount is not high, but it does not mean that you can be exempted from liability after paying the fine, which is actually an additional expense. The biggest liability is still civil liability, and in serious cases, it is enough to lead to the bankruptcy of the employer.
2) Let's focus on civil liability.
First, according to Article 1 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, if a dispute arises on the ground that the employer has not completed the social insurance formalities for the employee, and the social insurance agency cannot make up for it, resulting in the employee's inability to enjoy social insurance benefits, the people's court shall accept the dispute.
In other words, if the employer fails to pay social insurance and is unable to make up the losses caused to the employee, the employee may file a lawsuit against the employer for compensation in accordance with the law.
Second, according to Articles 38 and 46 of the Labor Contract Law, if an employee voluntarily resigns on the grounds that the employer has not paid social insurance, the employer is still required to pay the employee one month's salary for each full year of the employee's service in the employer (if it is more than six months but less than one year, it shall be calculated as one year).If it is less than six months, the worker shall be paid half a month's salary as economic compensation).
Third, according to Article 60 of the Regulations on Work-related Injury Insurance, if an employee of an employer suffers a work-related injury during the period when he has not participated in work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations. In other words, in the event of a work-related injury, the work-related injury compensation will be paid by the employer in accordance with the law due to the employer's failure to pay social insurance. In practice, it is common for employers to compensate hundreds of thousands or millions of employees for work-related deaths. The responsibility is enormous.
If the enterprise fails to pay social security fees in accordance with the regulations, then the employee can take certain measures to protect his rights, and the enterprise also needs to bear the corresponding legal responsibility, including administrative liability and civil liability. The main administrative liability is to impose fines on the enterprise, and at the same time, it will also require the payment of a certain amount of late fees.