Is it illegal for the company to only pay five insurances and not one gold?

After all, you can enjoy the endowment insurance, medical insurance, unemployment insurance, work-related injury insurance and maternity insurance in the five insurances, and you will still have a pension when you retire, and you can also enjoy medical insurance treatment. If the company does not pay a gold, you will not be able to apply for a provident fund loan when buying a house, after all, there are many discounts for buying a house with provident fund. However, without CPF, you can also apply for a business loan when you buy a house, but the loan interest rate will be higher.

Therefore, if you don't attach much importance to the provident fund, then the company will not have much impact if it only pays five insurances and does not pay one housing fund.

Many people know that the "five insurances" are social insurance that must be paid, and the "one gold" is the employee welfare, so if there is no special agreement, can the unit decide for itself whether to pay the provident fund?

State organs, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises, public institutions, private non-enterprise units and social organizations shall contribute housing provident funds to their employees.

Article 15. If a unit hires an employee, it shall go to the Housing Provident Fund Management Center within 30 days from the date of employment to go through the deposit registration, and go to the entrusted bank to go through the formalities for the establishment or transfer of the employee's housing provident fund account with the examination documents of the Housing Provident Fund Management Center.

Article 20. The unit shall pay the housing provident fund on time and in full, and shall not pay late or underpaid. - Regulations on the Administration of Housing Provident Fund (No. 350).

The regulations are very clear, the payment of housing provident fund is mandatory, whether you are a state-owned or a public institution or a private enterprise, as long as you belong to the above mandatory scope of the unit in-service employees, the establishment of labor relations should be in accordance with the provisions of the unit to handle the deposit registration and deposit of the provident fund.

The company is illegal, and the company should pay five insurances and one housing fund to employees.

[Legal Analysis]: Not illegal. The five insurances are regulated, the one housing fund is not regulated, and it is illegal not to pay the five insurances.

The so-called "five insurances and one housing fund", in fact, generally speaking, social security is what we often call the "five insurances", that is, medical insurance, endowment insurance, maternity insurance, unemployment insurance and work-related injury insurance. However, social security is not equal to the "five insurances", because the housing provident fund is also a part of China's social security system, so it stands to reason that the five insurances and one housing fund should be included in the social security. However, at present, China's five insurances are mandatory and must be paid, but the housing provident fund is not mandatory, so it is not illegal for the company to only pay five insurances and not to pay one gold.

Therefore, some units with good welfare benefits will pay five insurances and one housing fund for employees completely, but most enterprises only pay five insurances for employees in order to save costs, but not one gold.

Legal basis]: Labor Contract Law of the People's Republic of China Article 38 If the employer has any of the following circumstances, the employee may terminate the labor contract:

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) Failure to pay social insurance premiums for workers in accordance with the 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 specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated 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.

1. Is it illegal for the company to not pay five insurances and one housing fund?

1. It is illegal for the company to pay five insurances and one housing fund. It is defined as follows:

1) It is illegal for the company not to pay five insurances and one housing fund, and the Social Security Bureau will order it to make corrections within a time limit;

2) If it is not corrected within the time limit, a fine shall be imposed;

3) The Housing Provident Fund Management Center will also order the company to handle it within a time limit, and if it fails to handle the deposit procedures of the housing provident fund within the time limit, a fine will be imposed.

2. Legal basis: Article 60 of the Social Insurance Law of the People's Republic of China.

Employers who pretend to be ants shall self-declare and pay social insurance premiums in full according to the lack of acacia, and shall not defer or reduce or reduce the payment unless due to force majeure and 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 62.

If the employer fails to declare the amount of social insurance premiums to be paid in accordance with the regulations, the amount to be paid shall be determined according to 110% of the amount paid by the employer in the previous month; After the payment unit completes the declaration formalities, the social insurance premium collection agency shall settle the settlement in accordance with the regulations.

2. What is the proportion of payment for five insurances and one housing fund?

The payment ratio of five insurances and one housing fund is as follows:

1. Endowment insurance, 21% for units and 8% for individuals;

2. Medical insurance, 9% for units and 2% for individuals;

3. Unemployment insurance, 2% for units and 1% for individuals;

4. Work-related injury insurance, payment;

5. Maternity insurance, pay 1%;

6. Housing provident fund, the employer shall pay the housing provident fund according to 12% of the salary, and the unit and individual shall pay 12% of the salary.

is against the law. According to the provisions of the Labor Law of the People's Republic of China, the employer shall pay the labor remuneration in accordance with the provisions of the Labor Law, including wages, bonuses, subsidies and social insurance premiums, within the time limit specified in the labor contract.

If the company does not pay the five insurances and one slippery fund, it is illegal and will be fined.

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.

When an employee has a social security dispute with 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.

Legal basis. Article 86 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Legal Liability for Concluding an Invalid Labor Contract] If a labor contract is confirmed to be invalid in accordance with the provisions of Article 26 of this Law and causes damage to the other party, the party at fault shall be liable for compensation.

If the unit violates the law and does not handle the registration of housing provident fund deposit or does not go through the formalities for the establishment of the housing provident fund account for the employees of the unit, the housing provident fund management center shall order it to handle it within a time limit; If it is not handled within the time limit, a fine of between 10,000 and 50,000 yuan shall be imposed.

Not counted. The Housing Provident Fund is still a regulation and has not been legislated, so it is not mandatory and cannot be enforced. Therefore, many units in the society do not pay.

Illegal. As long as the company is in China, it is required to pay social insurance, otherwise, employees can file a complaint with the social security center. Companies will be penalized accordingly.

Legal basis: Social Insurance Law

Article 58 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.

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 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.

Some units are exempt from paying the housing provident fund.

Scope of Housing Provident Fund Contribution:

government agencies and institutions;

State-owned enterprises, urban collective enterprises, foreign-invested enterprises, Hong Kong, Macao and Taiwan-invested enterprises, urban private enterprises and other urban enterprises or economic organizations;

private non-enterprise units and social organizations;

Resident representative offices of foreign, Hong Kong, Macao and Taiwan-invested enterprises and other economic organizations.

The housing provident fund is still a regulation, and there is no legislation, so there is no mandatory, and there is no compulsion to follow, so many enterprises in the society do not pay.

The five insurances are mandatory for national legislation, and the provident fund is not mandatory, so some companies do not pay the provident fund for employees, because the provident fund is paid by the company and yourself, and it belongs to you alone. For example, in November, the company paid 100 yuan for you, and if you paid 100 yuan, then you will have 200 yuan in your account.

It is obviously illegal for the employer to refuse to pay the insurance stipulated by the state to the employee, and the employer can apply to the labor dispute arbitration commission for arbitration settlement; The national statutory social security is not what you call five insurances and one housing fund.

The five insurances are regulated, the one housing fund is not regulated, and it is illegal not to pay the five insurances.

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 for it and other persons who are directly responsible shall be fined not less than 500 yuan but not more than 3,000 yuan.

The five insurances (social security) are mandatory to pay:

According to Article 58 of the Social Insurance Law, an employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees.

As long as the company establishes an employment relationship with the employee, the enterprise must pay social security for the employee, that is, the obligation to pay the social calendar for the employee in full and in a timely manner, regardless of whether the employee has an urban or agricultural household registration, it must be paid for him.

One Housing Provident Fund (Housing Provident Fund) is mandatory only for urban hukou:

According to Article 1 of Chapter 1 of the Regulations on the Administration of Provident Fund, these Regulations are formulated in order to strengthen the management of the housing provident fund, safeguard the legitimate rights and interests of the owners of the housing provident fund, promote the construction of urban housing, and improve the living standard of [urban residents].

That is to say, the current housing provident fund law only requires the company to pay the housing provident fund for [urban hukou employees], and [agricultural hukou employees] are [legal] even if the company does not pay for them.

However, if the company only needs to pay the housing provident fund to the employees with agricultural hukou, it will be deemed to pay the housing provident fund for them by default, and must pay according to the compliance base, otherwise even if the employees with agricultural hukou are reported due to non-compliance with the base, the provident fund management center will also order the employer to make up the difference. So this is to say: CPF is not a mandatory purchase.

It is illegal for the company to only pay five insurances and not one gold. According to the provisions of the Social Insurance Law and the Regulations on Housing Provident Fund of the People's Republic of China, enterprises shall pay social insurance premiums and housing provident fund for their employees in accordance with the law, including endowment insurance, medical insurance, work-related injury insurance, maternity insurance, unemployment insurance and housing provident fund. Because of the caution in the allocation of books, it is illegal for the company to only pay five insurances and not one gold.

If an enterprise fails to pay social insurance premiums and housing provident fund for its employees in accordance with the law, it will face legal risks and corresponding penalties. Penalties include fines, recovery of unpaid social insurance premiums and housing provident fund.

Employees also have the right to request the enterprise to pay social insurance premiums and housing provident fund for them in accordance with the law, and can complain and report to the labor administrative department. If the company refuses to perform the relevant obligations, the employees can also protect their legitimate rights and interests through legal means.

The Labor Contract Law does not stipulate that provident fund must be paid, so it is not illegal for some units not to pay.