Whether it violates relevant laws and regulations if employees are not paid insurance on time

In accordance with the Interim Regulations on the Collection and Payment of Social Insurance Premiums.

Article 17 The paying unit shall annually announce the annual payment of social insurance premiums to the employees of the unit and accept the supervision of the employees.

Social insurance agencies shall periodically announce to the public the collection of social insurance premiums and accept social supervision.

Article 18 In accordance with the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government on the institutions for the collection and payment of social insurance premiums, when the administrative department for labor and social security or the taxation authorities inspect the payment of social insurance premiums in accordance with the law, the inspected unit shall provide information related to the payment of social insurance premiums, wage schedules, financial statements and other materials, truthfully reflect the situation, and shall not refuse to inspect, and shall not make false or concealed reports. The administrative department for labor and social security or the taxation authorities may record, make audio or video recordings, take photographs and reproduce relevant materials; However, confidentiality should be maintained for the paying entity.

When exercising the functions and powers listed in the preceding paragraph, the staff of the administrative departments for labor and social security and taxation authorities shall present their certificates for performing official duties.

Article 24 Where a paying entity violates the relevant financial, accounting, statistical laws, administrative regulations and relevant provisions of the State by forging, altering or intentionally destroying the relevant account books and materials, or failing to set up account books, resulting in the inability to determine the base amount of social insurance premiums, it shall be levied in accordance with the provisions of Article 9 of these Regulations in addition to giving administrative punishments, disciplinary sanctions and criminal penalties in accordance with the provisions of the relevant laws and administrative regulations; If the payment is delayed, the labor and social security administrative department or the taxation authority shall decide to impose a late fee in accordance with the provisions of Article 12, and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan on the person in charge who is directly responsible and other persons who are directly responsible.

However, because it is too common, in general, you can go to the local labor inspection department to report and apply for arbitration from the labor arbitration department.

Let the enterprise make up the payment.

Whether it violates relevant laws and regulations if employees are not paid insurance on time

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The employer must pay social insurance in full and on time in accordance with the law, and if the employer fails to pay the premium, or fails to pay the full amount in accordance with the regulations, it shall be punished in accordance with the Social Insurance Law.

According to the provisions of the Social Insurance Law:

Article 84 Where an employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a set 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 the insurance premiums payable by the company, and the directly responsible managers and other directly responsible personnel shall be fined not less than 500 yuan but not more than 3,000 yuan.

Article 86 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 shall 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.

Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"

Legal analysis: The social insurance premium collection agency shall order the payment or make up the amount within a time limit, and shall impose a late fee of 5/10,000 per day from the date of non-payment; If the family still fails to pay 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 in arrears.

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

Article 84 If an employer fails to register for social insurance, the social insurance administrative department shall order it to change or destroy Wang Zheng 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.

Penalties for enterprises that fail to pay social insurance in accordance with regulations:

In accordance with Article 23 of the Interim Regulations on the Collection and Payment of Social Insurance Premiums, if the paying unit fails to go through the social insurance registration, change registration or cancellation 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 limit; where 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 24 provides.

If a paying unit violates the relevant laws, administrative regulations and relevant provisions of the State on finance, accounting and statistics, forges, alters or deliberately destroys relevant account books and materials, or fails to keep account books, resulting in the inability to determine the social insurance payment base, in addition to giving administrative punishments, disciplinary sanctions and criminal penalties in accordance with the provisions of relevant laws and administrative regulations, it shall be levied in accordance with the provisions of Article 9 of the Regulations; If the payment is delayed, the labor and social security administrative department or the social security agency shall, in accordance with the provisions of Article 13 of the Regulations, impose a late fee in addition to the corresponding social insurance premiums, and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan on the directly responsible person in charge and other directly responsible personnel.

Penalties for refusal to pay social security contributions:

The payment of social insurance premiums, claims for double monthly wages and economic compensation can be made within one year from the date of infringement of rights, with the help of the labor inspection brigade of the local labor department, and if it cannot be resolved, it can apply for labor dispute arbitration or file a lawsuit in the people's court.

Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"

The social insurance premium collection agency shall order the payment or make up the amount within a time limit, and from the date of non-payment, a late fee of 5/10,000 per day shall be imposed; 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.

Paragraph 1 of Article 58 of the Social Insurance Law stipulates that an employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay.

Legal Analysis: If the employer fails to pay social insurance premiums for its employees in accordance with the regulations, it shall pay 110% of the previous month. If the employer fails to pay the work-related injury insurance premiums in accordance with the law, and the employee suffers a work-related injury, the employer shall pay the work-related injury insurance benefits.

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

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

Article 62 Where an employer fails to declare the amount of social insurance premiums to be paid in accordance with regulations, the amount to be paid shall be determined according to 10 percent of the amount paid by the employer in the previous month; After the paying unit completes the declaration formalities, the social insurance premium collection agency shall settle the claim in accordance with the regulations.

Reasons: (1) The employee has the right to terminate the labor contract, the employer shall pay severance in full, and the employee has the right to demand compensation from the employer on the grounds that the employer has not completed the social insurance formalities for him, and the social insurance agency cannot make up for it, resulting in the inability to enjoy social insurance benefits; (2) The social security institution has the right to directly fine the employer and the person in charge who do not go through the social security registration.

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

Article 84: Where a unit fails to register for social insurance before the employer recites an omen, the social insurance administrative department shall order it to make corrections within a set 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 86 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 within a time limit or make up for it, 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.

If the employer fails to pay social insurance for the employee, the social insurance premium collection agency shall order the employee to pay or make up the amount within a time limit, and from the date of non-payment, a late fee of 5/10,000 per day shall be charged, and a fine shall be imposed if the employee still fails to pay.

Social Insurance Law of the People's Republic of China

Article 86 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 shall impose an additional 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.

1. What is included in the social insurance premium.

Social insurance generally includes five types of insurance, including basic endowment insurance, basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance.

1) Employees shall participate in the basic endowment insurance, and the employer and the employee shall jointly pay the basic endowment insurance premiums. Individually-owned businesses without employees, part-time employees who have not participated in the basic pension insurance at the employer, and other flexibly employed persons may participate in the basic pension insurance, and the basic pension insurance premiums shall be paid by the individual.

2) Employees shall participate in the basic medical insurance for employees, and the employer and the employee shall jointly pay the basic medical insurance premiums in accordance with the provisions of the state. Individually-owned businesses without employees, part-time employees who have not participated in the basic medical insurance for employees in the employer, and other flexibly employed persons may participate in the basic medical insurance for employees, and the individual shall pay the basic medical insurance premiums in accordance with the provisions of the state.

3) Employees shall participate in work-related injury insurance, and the employer shall pay work-related injury insurance premiums, and employees shall not pay work-related injury insurance premiums.

4) Employees shall participate in unemployment insurance, and the employer and the employee shall jointly pay unemployment insurance premiums in accordance with the provisions of the state.

5) Employees shall participate in maternity insurance, and the employer shall pay the maternity insurance premiums in accordance with the provisions of the state, and the employees shall not pay the maternity insurance premiums.

2. How to punish the employer for failing to pay social security to employees.

If the employer fails to pay social insurance for the employee, 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, and if it still fails to pay, it shall be fined.

Social Insurance Law of the People's Republic of China

Article 86 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 shall impose an additional 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.