What if the company does not pay the five insurances to the employees?

This is an illegal act and is punishable by a fine. According to Article 86 of the Labor Contract Law of the People's Republic of China, 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 or make up the amount within a time limit, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed.

In the event of a social security dispute between an employee and his or her employer, he or she may apply for mediation, arbitration and file a lawsuit in accordance with the law. For enterprises that refuse to pay five social insurances and one housing fund, employees can complain to the Social Security Bureau, the Labor Inspection Brigade and other relevant departments.

First of all, you must know that if the employer does not pay social security to you, this behavior is illegal. The Social Security Law stipulates that employers and individuals shall and must pay social insurance. In other words, it is not a negotiable issue for the employer to go through the insurance procedures for the employee and pay the social security premiums for the employee, and as long as there is an employment relationship, the employer will assume this obligation.

If you find that your employer has not paid social security to yourself, you can negotiate with the company first, so that the company can make up the social security that you have not paid in time to the social security agency. If the employer refuses to handle the case, it shall report to the labor inspection department or initiate labor dispute arbitration.

What should I do if the unit doesn't pay five insurances and one housing fund, if you don't look at it, you will lose a lot!

The company does not pay five insurances and does not sign a labor contract, how should employees protect their rights?

It is necessary to contact the social security specialist of the community where the company is located. Interview your boss and ask for registration information. Then someone from the social security center will come to verify the information. If you report it to the labor bureau, it is estimated that it is not far from the fine.

It is to negotiate with the company, if the company still does not pay the employee, you really don't want to work in the company, you can apply for labor arbitration.

It is recommended to try to communicate the outcome, and generally do not pay five insurances during the probation period, and will pay five insurances after becoming a regular.

Do you know what the five insurances are, will your company pay for you, and what if you don't?

It is illegal for the company not to pay the five insurances, and it is recommended to report it to the local social security bureau.

The company must apply for social security for employees, social security is statutory, and Article 84 of the Social Insurance Law stipulates:

1. If the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit;

2. If 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;

3. 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.

The question is that the employer gave me money for five months and did not pay the insurance money.

Answering the question of how to compensate for the company's failure to pay social insuranceIt is a basic legal obligation of the employer to participate in social insurance for employees, and this legal obligation has been confirmed by China's "Labor Law", "Labor Contract Law", "Social Insurance Law" and other laws. Any failure or underpayment of social insurance premiums by an employer is an illegal act prohibited by law. The employer's illegal act not only violates its own legal obligations, but also seriously damages the legitimate rights and interests of the employee, and must bear responsibility for the consequences caused thereby, and if the employee suffers losses due to the act, it shall also compensate the employee for the loss.

The question is that I owe me five months of insurance, no one has paid the unit, I have been in arrears, and I can't stop if I can't make up for it, and then I have to pay the cost of resignation myself.

Asked whether he had to pay the expenses after resignation, because he was in arrears and I couldn't transfer to the next unit, and because he owed my arrears, I couldn't stop, and because I paid the expenses myself after he resigned, I definitely didn't admit it, and I should bear the expenses after resignation.

Ask me if I'm right.

Question: Is he responsible for the expenses after resigning? How do I go to labor arbitration.

If the company fails to pay the five social insurances and one housing fund of the parties, it can require the company to compensate according to the number of years of service, that is, pay one month's salary for each full year, and if the company refuses to compensate, it can report to the labor inspection department. Article 38 of the Labor Contract Law of the People's Republic of China: An employee may terminate a labor contract if the employer falls under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

You can negotiate with the company, if it is a regular company, a large company generally must pay, if it is a small company, if you say that you don't pay when you apply, you have to be considerate of others, after all, it is not easy for a small company!

The company's method of protecting the rights of not paying five insurances and one housing fund is that the employee can file a complaint with the local social security department, and the local social security collection agency will order the employer to pay within a time limit. If the employer fails to pay or make up the social security premiums within the time limit, the social security collection agency may inquire about its bank account with the bank, and may apply to the administrative department at or above the county level to make an allocation of social security premiums, and notify the opening bank in writing to allocate the social insurance premiums.

If the balance of the employer's account is less than the social insurance premiums to be paid, the collecting agency may require the employer to provide a guarantee and sign an agreement on deferred payment.

Legal basis] According to the Administrative Provisions on the Declaration and Payment of Social Insurance Premiums, an employer shall apply for social insurance registration and declare and pay social insurance premiums for its employees within 30 days from the date of employment. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay.

Negotiate and deal with it first, and complain if it doesn't work.

Legal analysis: If the company fails to pay five insurances and one housing fund to the employee, the employee can apply for labor arbitration or complain to the local social security department.

Legal basis: Social Insurance Law of the People's Republic of China

Article 60 Employers shall declare and pay social insurance premiums in full and on time, and shall not defer or reduce or reduce social insurance premiums except for force majeure or other statutory reasons. The social insurance premiums to be paid by the employee shall be withheld and paid by the employer, and the employer shall inform the employee of the details of the social insurance premiums paid on a monthly basis. Individually-owned businesses without employees, part-time employees who do not participate in social insurance at the employer, and other flexibly employed persons may directly pay social insurance premiums to the social insurance premium collection agency.

Article 63 Where an 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 the amount within a time limit. If the employer fails to pay or make up the social insurance premiums within the time limit, the social insurance premium collection agency may inquire about its deposit account with banks and other financial institutions; They may also 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 depositary banks 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 premiums to be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premiums in full and fails to provide a guarantee, the social insurance premium collection agency may apply to the people's court to seize, seal up or auction the property whose value is equivalent to the social insurance premiums to be paid, and use the auction proceeds to offset the social insurance premiums.

Legal analysis: If the company does not purchase social security for employees, it can sue and obtain financial compensation. The standard of compensation is (i) the payment of one month's financial compensation for each full year. (2) Make up the social security during the period of labor relationship.

Legal basis: Article 72 of the Labor Law of the People's Republic of China Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. Secondly, if the company does not purchase social insurance for employees, it will not only cause losses to our employees, but also have legal risks for the company.

Social Insurance Law of the People's Republic of China

Article 84 If the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a specified period of time; If 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 directly responsible shall be fined not less than 500 yuan but not more than 3,000 yuan.

Article 85 Where an 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 the amount within a time limit, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed.

Legal analysis: If the company does not pay five insurances and one housing fund, it can directly complain to the local labor supervision department or labor union. Because it is a mandatory requirement of China's law to pay five insurances and one housing fund for employees, according to the relevant laws and regulations, the company needs to provide five insurances and one housing fund for employees, if the company does not pay five insurances and one housing fund, quickly guess that this practice has violated the law, and if necessary, you can apply to the court for arbitration.

The five insurances and one housing fund are mandatory to pay, and all employers and individuals must participate. The five insurances belong to a kind of social insurance, including endowment insurance, medical insurance, unemployment insurance, and work-related injury and maternity insurance, which is a compulsory type of insurance paid by the state.

Legal basis: Labor Law of the People's Republic of China

Article 72 Social insurance** shall determine the funds according to the type of insurance**, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.

Article 74 The social insurance agencies shall collect and collect, manage and operate social insurance in accordance with the provisions of the law, and shall be responsible for maintaining and increasing the value of social insurance. In accordance with the provisions of the law, the social insurance supervision agency shall supervise the revenue and expenditure, management and operation of social insurance. The establishment and functions of social insurance agencies and social insurance supervision bodies shall be prescribed by law.

No organization or individual may misappropriate social insurance**.