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I don't know if you're a business or an individual.
If it is an enterprise, as long as it is a formally registered company and has employees (to sign a labor contract), you can apply for an account with the Social Security Department of the local social security bureau and pay five insurances for the employees hired. The provident fund must be opened and paid at the local provident fund management center.
If you are a self-employed business and do not have employees or are flexibly employed (such as freelancers, those with no fixed occupation, etc.), you can open an account with the Social Security Department of the Human Resources and Social Security Bureau and pay pension insurance and medical insurance by yourself. Work-related injury, maternity, and unemployment insurance should not be paid by individuals, and so should provident fund.
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According to the provisions of the Labor Contract Law, enterprises, individual economic organizations, private non-enterprise units and other organizations, state organs, public institutions, and social organizations within the territory of the People's Republic of China are required to purchase insurance if they establish labor relations with employees.
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First of all, it is a formally registered company, and if you want to pay five insurances, you can apply for an account opening at the Social Security Department of the local social security bureau and pay five insurances to the employees you employ.
The provident fund must be opened and paid at the local provident fund management center.
Five insurances and one housing fund refer to the collective name of several types of protective benefits given by employers to employees, including endowment insurance, medical insurance, unemployment insurance, work-related injury insurance, maternity insurance, and housing provident fund.
1) Social security and provident fund account opening.
Enterprises need to go to the Social Security Bureau and Provident Fund Center to open an account for social security and provident fund within 30 days from the date of establishment. After opening a social security account, you will get a "Social Security Registration Certificate", and after opening a provident fund account, you will get a unit provident fund registration number.
2) Increase or decrease the number of employees.
The employer must add the new employees of the enterprise to the unit's five social insurance and one housing fund account every month, and delete the employees who have left the company from the account. The social security and provident fund accounts are two separate accounts, and the operation of adding or removing employees must be carried out in both accounts.
3) Confirm the payment base.
The unit needs to declare the correct payment base of five insurances and one housing fund for employees every month to ensure the normal payment of five insurances and one housing fund. The payment base of five social insurances and one housing fund is based on the average salary of the employee in the previous year or the salary of the first month of employment.
4) Five insurances and one housing fund.
If the enterprise, the bank, and the social security provident fund management agency have signed a bank payment agreement, the five insurances and one housing fund will be directly deducted from the corporate bank account at a fixed time every month. Of course, enterprises can also choose to pay the fee on the spot by cash or check to the five social insurance and one housing fund management agency.
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As long as the company's employees are in principle, they need to pay five insurances and one housing fund.
According to the provisions of the Interim Regulations on the Collection and Payment of Social Insurance Premiums No. 259 of the People's Republic of China, the scope of collection of basic pension insurance premiums is state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises and their employees, as well as public institutions and their employees who implement enterprise management.
The scope of insured persons is enterprise employees (including rural contract workers), freelancers, urban individual industrial and commercial owners and their employees.
As long as the enterprise is a formally registered company and has employees (to sign a labor contract), it can apply for an account opening at the Social Security Department of the local social security bureau and pay five insurances to the employees employed. The provident fund must be opened and paid at the local provident fund management center.
State-owned enterprises must have all of them. There are also large private enterprises. Small and medium-sized enterprises generally do not pay housing provident fund. Some individual enterprises do not pay maternity insurance. There are also unemployment insurance that only pay for work-related injuries, medical insurance, and good individual enterprises.
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Legal analysis: Enterprises must pay five insurances and one housing fund in full for employees, otherwise they will bear the corresponding legal responsibility.
Legal basis: Social Insurance Law of the People's Republic of China
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.
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.
Article 62 Where an 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.
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Legal analysis: Employers must pay five social insurances and one housing fund, and employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. If the employer fails to pay the social insurance premiums on time and in full, the social insurance premium collection agency shall order the employer 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.
Legal basis: Social Insurance Law of the People's Republic of China
Article 4 Employers and individuals within the territory of the People's Republic of China who pay social insurance premiums in accordance with law have the right to inquire about payment records and records of individual rights and interests, and to request social insurance agencies to provide social insurance consultation and other related services.
Individuals enjoy social insurance benefits in accordance with the law, and have the right to supervise their own units' contributions for them.
Article 5: The people at or above the county level shall include social insurance undertakings in their national economic and social development plans.
The state raises social insurance funds through multiple channels. The people at or above the county level shall give necessary financial support to the social insurance undertakings.
The state supports social insurance through preferential tax policies.
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Legal analysis: The company has the following provisions on the five insurances and one mu of empty celery paid by the company for employees: the company shall not defer or reduce the social insurance premiums for reasons other than force majeure and other statutory reasons; The employer shall inform the employee of the details of the payment of social insurance premiums on a monthly basis; The employer shall, within 30 days from the date of employment, apply to the insurance agency for social insurance registration for its employees; Other.
Legal basis: Article 60 of the Social Insurance Law of the People's Republic of China shall declare and pay social insurance premiums in full and on time, and shall not defer or reduce the payment except for 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.
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Does the enterprise have to pay five insurances and one housing fund to its employees?
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The company's five insurances and one housing fund payment ratio: 8% for individual pension insurance, 12% for the unit; Medical insurance is borne by individuals and 8% by units; 1% for individuals and 2% for employers; There is no work-related injury insurance for individuals, and 1% for units; Maternity insurance is not available for individuals, and 1% for units; Provident Fund Individual, Unit. Policies vary from place to place, so it is recommended to call 12333 for consultation.
[Legal basis].Article 10 of the Social Insurance Law of the People's Republic of China.
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.
The method of pension insurance for civil servants and staff managed with reference to the Civil Servants Law shall be prescribed by ***.
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