There are hidden traps for companies to pay social security, and there are already many people around me who have been recruited

Recently, the topic of "paying 2 million social security in a lifetime, and getting a few years after retirement to get back to the basics" has attracted widespread attention. Although everyone pays social security every month, their understanding of social security is not necessarily correct and profound.

According to statistics, if you start working at the age of 22 and retire at the age of 65, you will have to pay social insurance for 43 years, only based on a fixed salary of 6,504. From the start of work to retirement, individuals and units jointly need to pay about 1.92 million in insurance. After retirement, only It takes about 4 years to get back the pension part paid by the individual. If you want to get back the pension insurance part paid by the individual and the company, it will take about 15 years in total.

Everyone knows the importance of social security contributions. However, whether or not to pay and how much to pay will directly affect many rights and interests such as pensions after retirement.

But now there are several types of social insurance, some units refuse to pay or pay less or delay the payment of employees' social security for various reasons, which directly affects the rights and interests of employees.

Simply enumerate several situations that everyone is most likely to encounter but are not aware of, especially the first one, most people are lying on the gun!

The unit does not pay social security during the probationary period, and only pays after the employee becomes a regular employee

I believe that many people have had this experience: after arriving at a new unit, the person in charge of the unit will always tell you seriously, "You are still in the probation period, and the unit may not buy social security until you become a regular employee of the unit. I'll buy it for you, don't worry!"

It sounds reasonable, but the unit is actually fooling you!

Is it legal for the unit not to pay social security for employees on the grounds of the probationary period?

According to the "Social Insurance Law" and "Housing Provident Fund Management Regulations", enterprises must fully pay "five insurances and one housing fund" to their employees. When an enterprise signs a contract with an employee, labor remuneration, social insurance, etc. are all necessary clauses of the labor contract.

Paragraph 4 of Article 19 of the Labor Contract Law stipulates that the probationary period is included in the labor contract period, that is to say, the enterprise must also pay social security for employees during the probationary period.

Make employees promise to waive social security contributions

Many newcomers in the workplace will ask: If I voluntarily give up social security, can the company not pay social security?

Do you know how pitiful it is for employees to voluntarily give up their social security "commitment letter"?

When some companies sign a contract with an employee, they require the employee to submit a letter of commitment. The letter of commitment states that the employee will voluntarily give up the company to pay social security insurance funds for them, and the company will directly pay the social insurance funds to the employees as a component of wages.

This practice is illegal and unreasonable! !

According to the relevant provisions of the Social Insurance Law and the Labor Contract Law, employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. Participating in social insurance for laborers and paying social insurance funds according to law is the legal obligation of the employer, and this obligation cannot be changed or waived by agreement between the employer and the laborer.

Therefore, no matter what methods and excuses the employer adopts, and no matter what agreement it makes with the laborer, as long as it fails to pay social insurance premiums for the laborer according to law, it is an illegal act.

The unit only pays the insurance with the basic salary

The "Social Insurance Law" stipulates that the basis for an employer to pay social insurance premiums is the total wages of its employees. The base of employee payment is their own salary. In practice, my salary generally refers to my monthly average salary in the first half of the year.

However, when the average monthly salary is lower than 60% of the local average salary, the fee shall be paid at 60% of the average monthly salary of the local employees.

Units replace social security payments with cash subsidy payments

Some units will give employees a social security subsidy instead of paying social security.

Article 12 of the "Interim Regulations on the Collection and Payment of Social Insurance Premiums" stipulates: "The payment unit and the payment individual shall pay the social insurance premium in full in the form of currency. The social insurance premium that the payment individual shall pay shall be paid by the employer from his/her own salary. Withhold and pay."

Employers and individuals are not allowed to privately agree on social insurance premiums, and it is not advisable for employers to pay cash and employees to handle social insurance payments by themselves.

The file has not been transferred to the unit, and the social security cannot be paid

The file cannot be the reason for the unit to postpone the payment of social security.

Articles 58 and 60 of the "Social Insurance Law" stipulate that the employer shall apply to the social insurance agency for social insurance registration for its employees within 30 days from the date of employment. If the social insurance registration has not been completed, the social insurance agency shall check and approve the social insurance premiums to be paid.

Employers shall declare and pay social insurance premiums on time and in full by themselves, and shall not delay payment or reduce or exempt them unless due to statutory reasons such as force majeure. It can be seen that the employee's failure to transfer files cannot be a reason for the employer not to pay social insurance.

No social security payment without signing a contract

Employees can provide proof of relationship with the unit.

The Ministry of Labor and Social Security's "Notice on Matters Concerning the Establishment of Labor Relations", Ministry of Labor (2005) No. 12, Article 2 stipulates that: the employer has not signed a labor contract with the employee, and the following documents may be referred to when determining the existence of a labor relationship between the two parties:

(1) Wage payment vouchers or records (wage payroll roster), and records of payment of various social insurance premiums;

(2) The "Work Permit", "Service Permit" and other certificates that can prove identity issued by the employer to the laborer;

(3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment and recruitment filled in by the laborer;

(4) Attendance records;

(5) Testimonies of other workers, etc.;

Among them, the relevant vouchers in (1) (3) (4) shall be borne by the employer.

Similarly, according to the "Social Insurance Law", the employer shall apply to the social insurance agency for social insurance registration for its employees within 30 days from the date of employment.

If the employer fails to pay social insurance to the employees, the administrative penalties will be as follows:

① Order to pay within a time limit. That is, the labor and social security administrative department shall order the employer to pay the full payment within a certain period of time;

② If the payment is overdue. The amount of late fee that can be added is 2% of the amount owed for each day overdue;

③ The person in charge and other persons who are directly responsible for the non-payment unit may be fined not less than 1,000 yuan but not more than 10,000 yuan.

So, business owners! It must be remembered that although employees voluntarily give up the right to enjoy social security, the enterprise cannot give up the obligation to pay social security.