Social insurance payment will affect the workers' retirement, pension and many other benefits. However, some units stop or delay social security for various reasons, which directly impairs the workers' labor rights and interests.
Xiao Bian reminded, encountered the following six cases, you can confidently say, "no!""!
One
The unit does not pay the social security during the probation period, and the employee is paid only when it is full
The unit does not pay the social security for the employee on probation, is that legal?
According to the provisions of the "social insurance law" and "Regulations" housing provident fund management, the enterprise must give workers paid "five social insurance and one housing fund", the old-age insurance, medical insurance, unemployment insurance, industrial injury insurance, maternity insurance and housing provident fund.
When signing contracts between enterprises and employees, labor remuneration and social insurance are all necessary clauses of labor contracts. The fourth paragraph of the nineteenth law of the labor contract stipulates that the probation period shall be included in the labor contract period, that is to say, enterprises must pay social security for employees during the probation period.
Two
Let employees promise to abandon social security
Now some companies will sign labor contracts with employees when employees are required to issue a written commitment, commitment stated in the book: employees voluntarily give up the company to pay social insurance for the company will be social insurance as part of wages, paid directly to employees.
It is illegal and unreasonable. According to the relevant provisions of the social insurance law and the labor contract law, employers and workers must participate in social insurance according to law and pay social insurance premiums. For employees to participate in social insurance and social insurance payments according to law, the statutory obligations of the employing units, the obligations can not be made by the employing units and workers agreed to change or abandon.
Three
The unit is only base salary
Or minimum wage for social security paid base
The social insurance law stipulates that the base of the social insurance fee paid by the employer is the total amount of wages of the employees in the unit. Workers pay the base is their wages, in actual operation, I generally mean my wages last year's monthly average wage. However, when I have an average monthly wage of less than 60% of the monthly average wage, I will pay 60% of the monthly average wage of the local staff.
Four
Files are not transferred to the unit, you can not pay social security
The new staff, due to personnel changes, before the file may not be timely from the original unit, then some units will be called because no file cannot pay social security for employees, but the file does not become unit Huanjiao reason.
Article fifty-eighth and sixtieth of the social insurance law require employers to apply for social insurance registration for their employees within 30 days from the date of their own work. If the social insurance registration has not been made, the social insurance premiums paid by the social insurance agency shall be checked and approved.
The employer shall voluntarily declare, pay social insurance premiums in full and on time, not because of force majeure shall not be deferred, or legal reasons. Visible, employees do not transfer files can not become employers do not pay social insurance reasons.
Five
Without signing contracts, you don't have to pay social security
When the employer refuses to pay the social security contract without signing the labor contract, the employee may provide the following proof to prove the relationship between the employer and the employer.
The Ministry of labor and social security "on the establishment of labor relations related matters notice" of the Ministry of labor (2005) No. 12 of second stipulates: the employer fails to sign a labor contract with the laborer, found that both the existence of labor relations can refer to the following documents:
(I) wages paid vouchers or records (Payroll paid roster), and pay all social insurance premiums;
(two) certificates of identity such as work permit and service permit issued by the employer to the employee;
(three) the employer's recruitment, recruitment form, registration form and registration form shall be recorded by the employees;
(four) attendance record;
(five) testimony of other workers, etc..
Among them, (1), (three) and (four) the relevant documents, the employer shall bear the burden of proof.
Similarly, according to the social insurance law, employers shall apply for social insurance registration for their employees within 30 days from the date of their own work to the social insurance agencies.
Six
Units pay cash instead of paying social security payments
Some units do not pay social security for employees, but will give employees a social security subsidies, cash instead of social security payments.
Article twelfth of the Interim Regulations on the collection and payment of social insurance premiums stipulates: "the paying unit and the paying individual shall pay the social insurance premiums in full currency.". The social insurance premiums to be paid by the individual payer shall be withheld and remitted by the unit where he or she is paid." Employers and individuals may not make an agreement on social insurance premiums in private. It is inadvisable to pay cash by the employing units and pay individual social insurance payments by themselves.
Have you stepped on these pits?
