What to do if an employee is unwilling to pay social insurance

What to do if the employee is unwilling to pay the insurance.

1. Try to persuade employees to buy, by strengthening the company's publicity on the benefits of purchasing social security and the relevant provisions of the Labor Contract Law and other laws and regulations on social security, try to enable employees to have a comprehensive and detailed understanding of social security, and clearly inform employees of the fact that the part of their personal contributions can be withdrawn after their resignation! (But in reality, many companies want to save on these costs!) )

2. Employees who do not agree to pay social insurance are regarded as one of the conditions for not being hired. Since the employee's refusal to agree to pay social insurance may lead to a higher amount of various expenses to be borne by the employer after a major work-related accident, the social security institution does not bear any responsibility for the work-related injury that occurred before the employer participated in the insurance at this stage. Therefore, for employers with employees who go out a lot and have a large number of work-related accidents, they should regard the employee's disagreement to pay social insurance as one of the employment conditions, so as to fully avoid the risk of work-related injuries.

3. For those highly mobile jobs, employees are unwilling to buy social security, the company can handle commercial insurance for them (such as employer's liability insurance, group accident insurance, etc.), or separately purchase work-related injury insurance, and send a written notice to him in advance, informing him to provide relevant procedures on a certain day of the month, otherwise if it is not handled within the time limit, all the consequences shall be borne by him, of course, it is possible to make up the payment, but at least the company will not be fined!

4. In order to avoid such a situation in the future, the company can clearly put forward the relevant provisions in the relevant management system, such as the employee handbook and labor contract that the company will pay social security fees in accordance with the relevant provisions of the national social security, and let it read the approval signature, as long as he agrees to sign the contract, then it will be mandatory to handle social security! If you really can't do it, you will be persuaded to quit! But then again, many employers are in a situation where there is no one to recruit and no one to use, so why are they still persuaded to quit?

My suggestion is that for some employees who are unwilling to purchase social security, in addition to meeting the second item above, they can change their positions. For example, arrange to work in a position with a lower risk factor.

5. Enterprises do not go through social security-related procedures for employees, and there is another possibility that employees have "already handled" - for example, many residents in suburban areas have already participated in social insurance in local streets or districts, and the relevant policies are more generous than ordinary social insurance, and employees are unwilling to give up. In this case, asking the employee to write a "voluntary waiver" statement may also be the basis for the company's exemption.

Article 72 of the Labor Law stipulates that 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.

Employers are required to purchase social insurance for their employees in accordance with the law, which is a statutory requirement for enterprises. In addition, if the employee later regrets, the enterprise also needs to make up the unpaid monthly social security, and the oral or written commitment at that time is invalid.

Legal analysis: If an employee is unwilling to buy social security, the following methods can be adopted: 1. Do not buy social security as a condition for not being hired during the probation period; 2. Stipulate that the circumstances of not being able or not concealing the materials or procedures required for social insurance registration procedures are stipulated as one of the circumstances of serious disciplinary violations; 3. Negotiate with the employee to terminate the labor contract.

Legal basis: Article 58 of the Social Insurance Law of the People's Republic of China An employer shall, within 30 days from the date of employment, apply for social insurance registration for its employees with the social insurance handling agency. If they have not completed the social insurance registration, the social insurance agency shall verify that they shall pay the social insurance premiums for taking the ants.

Individually-owned businesses without employees who voluntarily participate in social insurance, part-time employees who do not participate in social insurance at the employer, and other flexibly employed persons shall apply to the social insurance agency for social insurance registration. The State shall establish a nationwide unified personal social security number. An individual's social security number is a citizenship number.