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Ministry Of Personnel And Social Affairs: Employers Refuse To Hold Social Security &Nbsp For Their Employees; The Responsible Person Will Be Punished.

2010/12/1 10:33:00 61

Social Security Of Employing Units In Ministry Of Personnel And Social Affairs

The relevant person in charge of the Ministry of human resources and social security has recently said that employers do not register social insurance for their employees, and if the social security administrative department fails to correct them within the time limit for correction, the persons directly in charge and other persons directly responsible will be fined five hundred yuan or more than three thousand yuan.


The contents of the interview questions of the Ministry of human resources and social security on the social insurance law were released on the Chinese government website today.

In response to the questions, the responsible person said that the obligations stipulated in the social insurance law are mainly two items: first, the registration of social insurance should be done; the employer should apply for the social insurance registration to the local social insurance agency when it was established; it should also apply for the social insurance registration for the employees to the social insurance agency within thirty days from the date of employment.


The two is to pay social insurance premiums in accordance with the law, including the basic pension insurance for employees, the basic medical insurance for employees and the unemployment insurance, which are jointly assumed by employers and employees.

The social insurance premiums payable by the workers and staff members shall be withheld by the employer, and the employer shall also inform himself of the details of the payment of social insurance premiums on a monthly basis.


In order to ensure the full and timely collection of social insurance premiums, the "social insurance law" stipulates compulsory collection measures for social insurance premiums, including the direct allocation of social insurance premiums from the deposit accounts of employers, requiring the employer to provide guarantees, and applying for the seizure, sealing up and auction of the property by the people's court, equivalent to the property that should be paid for social insurance premiums, and the payment of social insurance premiums by auction proceeds.


In addition, the social insurance law also stipulates the legal liability of employers not to handle social insurance registration and to pay social insurance premiums in time and in full.

The person in charge introduces that the employer does not register for social insurance and fails to make corrections within the time limit stipulated by the social insurance administration department. The employer shall pay a fine of more than three times the amount of the social insurance premium payable to the employer, and the person directly in charge and other directly responsible personnel shall be fined more than five hundred yuan or less than three thousand yuan. If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order the time limit to pay or make up for it, and shall pay 5/10000 of the late fee from the date of default. If the overdue payment is not paid, the relevant administrative department shall pay a fine of more than one time or more than three times the amount owed.


As for the problem of employers not paying social insurance premiums, the person in charge said that at present, all locals have reported complaints and telephone addresses to the public, and they can report and complain to the local labor and social security supervision agencies.

At the same time, labor and social security supervision agencies will also increase the supervision and inspection of employers' compliance with social insurance laws and regulations, and investigate and deal with illegal activities such as failing to handle social insurance registration, and failing to pay social insurance premiums according to law.

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