Does the unit have to buy five insurances and one housing fund for employees?

1. Is the company required to buy five insurances and one housing fund for employees?

1. The company must pay five insurances and one housing fund to employees. The employer shall, within 30 days from the date of employment, apply for social insurance registration for its employees and declare and pay social insurance premiums. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay.

2. 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 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.

2. What social security does the company need to buy for employees?

1. Pension insurance:

1) Individuals who participate in the basic pension insurance and have paid contributions for 15 years when they reach the statutory retirement age shall receive the basic pension on a monthly basis.

2) If an individual who participates in the basic endowment insurance dies due to illness or non-work-related reasons, his surviving family members can receive funeral subsidies and pensions, and if they completely lose their ability to work due to illness or non-work-related disability when they have not reached the statutory retirement age, they can receive sickness and disability allowance. The required funds are paid out of the basic pension insurance**.

2. Medical insurance:

Individuals who participate in the basic medical insurance for employees, when they reach the statutory retirement age, the cumulative contributions reach the number of years prescribed by the state, they will no longer pay the basic medical insurance premiums after retirement, and enjoy the basic medical insurance treatment in accordance with the provisions of the state.

3. Work-related injury insurance:

Employees who are injured in an accident or suffer from an occupational disease due to work-related reasons, and are recognized as having a work-related injury, shall enjoy work-related injury insurance benefits. If the injured employee meets the conditions for receiving the basic pension, the disability allowance shall be suspended and the basic pension insurance shall be enjoyed. If the basic pension insurance benefits are lower than the disability allowance, the difference shall be made up from the work-related injury insurance**.

Legal analysis: Five insurances and one housing fund are necessary to buy. The five insurances and one housing fund are endowment insurance, medical insurance, unemployment insurance, work-related injury insurance, maternity insurance and housing provident fund. It is the employer's obligation to pay five social insurances and one housing fund for employees, and if the employer does not pay, employees can complain.

Legal basis: Social Insurance Law of the People's Republic of China 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 unit in the previous month, and the social insurance premium collection agency shall settle the settlement in accordance with the regulations.

Five insurances and one housing fund are that enterprises must pay for employees.

Decree No. 350 of the People's Republic of China stipulates that 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 go through the registration of housing provident fund contributions within 30 days after the establishment, and go to the bank within 20 days from the date of registration to go through the procedures for the establishment of housing provident fund accounts for the employees of the unit.

New employees start to contribute to the housing provident fund from the second month of work; If the unit 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.

The company did not give employees the measure of five insurances and one housing fund:

1. If the employer fails to pay social insurance and terminate the labor contract in writing, the employee may leave the job immediately and may request the payment of severance (the standard is severance for one month's salary for one year of service);

2. You can apply for labor arbitration or labor inspection complaints to request supplementary payment of social insurance;

3. Regardless of whether your labor contract stipulates the payment of social insurance, or even whether it stipulates that you do not pay social insurance, the employer must pay social insurance for the employee, which is mandatory by law.

According to the Social Insurance Law and the Regulations on the Administration of Housing Provident Fund, enterprises must pay their employees in full for "five insurances and one housing fund", namely endowment insurance, medical insurance, unemployment insurance, work-related injury insurance, maternity insurance and housing provident fund. Among them, endowment insurance, medical insurance, unemployment insurance, and housing provident fund are jointly paid by enterprises and employees, and work-related injury insurance and maternity insurance are paid by enterprises.

Article 60 of the Social Insurance Law of the People's Republic of China stipulates that an employer shall declare and pay social insurance premiums in full and on time, and shall not defer or reduce or reduce the payment of 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.

This article stipulates in principle that units should pay social insurance premiums "on time and in full".

Article 16 of the Regulations on the Administration of Housing Provident Fund (*** 1999) stipulates that the monthly contribution amount of the employee's housing provident fund is the average monthly salary of the employee in the previous year multiplied by the proportion of the employee's housing provident fund contribution. The monthly contribution amount of the housing provident fund paid by the unit for the employee is the average monthly salary of the employee in the previous year multiplied by the proportion of the housing provident fund contribution of the unit.

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.

Legal analysis: The purchase of five insurances and one housing fund for employees (pension, medical care, work-related injury, unemployment, maternity and housing provident fund) is the legal obligation of the employer and is not exempted by agreement.

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

Article 10 Employees of basic endowment insurance shall participate in basic endowment insurance, and the employer and employee shall jointly pay the basic endowment insurance premiums.

Article 23 Employees of basic medical insurance 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.

Article 33 Employees with work-related injury insurance 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.

Article 44 Employees on unemployment insurance 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.

Article 53 Employees on maternity insurance shall participate in maternity insurance, and the employer shall pay maternity insurance premiums in accordance with the provisions of the State, and employees shall not pay maternity insurance premiums.

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.

The social security paid by the unit includes the part of the unit burden of old-age, medical care, unemployment, work-related injury and maternity insurance, and the part of the personal burden is the old-age, medical and unemployment insurance, and the proportion of the provident fund unit and the individual is the same.

If the employer fails to pay in accordance with the regulations or in full (generally based on individual wages, the maximum does not exceed the prescribed upper limit, and if the salary is lower than the minimum payment base stipulated by the local social security, the minimum payment base is multiplied by the proportion), it can be reported to the local labor inspection department.

Generally speaking, the employment of enterprises is subject to a labor contract, and there is a probationary period, which shall be established in accordance with the regulations, and shall not violate the provisions of the Labor Contract Law, and the same unit and the same worker can only agree on a probationary period once.

Does the unit have to buy five insurances and one housing fund for employees? Yes. According to Article 72 of the Labor Law, social insurance shall determine the funds according to the type of insurance, and gradually implement social co-ordination.

Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. According to Article 37 of the Regulations on the Administration of Housing Provident Fund, if the unit fails to 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. Article 38 In violation of the provisions of these Regulations, if a unit fails to pay or underpays the housing provident fund within the time limit, the housing provident fund management center shall order it to pay within a time limit; If they still fail to deposit within the time limit, they may apply to the people's court for compulsory enforcement.

Is this a good explanation?