The employer fails to pay social security on time. A more appropriate understanding of the concept of punctuality is that the monthly social security payment time is delayed, which belongs to the department that cannot pay on time, and only needs to report to the social security agency or apply for deferred payment. It does not belong to the department that can't pay on time. Social security agencies and tax authorities will remind them on time, and the rules and regulations or policies and regulations in this area are relatively complete. As long as there is no special phenomenon, it is generally not easy to operate casually. Once the fact that social insurance premiums are in arrears exists, it is impossible to pay them on time.
For full payment, this definition is relatively unclear. The first definition is that according to the relevant provisions of the Social Security Law, the employer takes the total wages of employees as the deposit base, and the employees themselves take their actual income as the deposit base. Only when the actual personal income is lower than 60% of the average monthly income of employees in the previous year can 60% of the average monthly income of employees in the previous year be used as the deposit base. Anyone who fails to pay social security in this way will be characterized as not paying social security in full, which is also a relatively normal definition method.
In the second case, as our department did in the past, 60% of the average monthly income of employees in the previous year was used as the payment base, because there were no separate households for pension services and medical care at that time, and each individual's social security type and provident fund were paid according to the same payment base. However, this payment method, in the internal structure of the company, is a solution to hold a discussion among employees, and employees don't know much about the new social security policy. Everyone thinks it is more appropriate to deduct a little social insurance premium every month, which can also increase monthly income, and the social security agency has also agreed to this payment scheme. At that time, most companies did not pay pension insurance, but they could pay social security according to the standard of 60%, which should be regarded as very supportive of the work of social security institutions, and local governments will be impressed. According to the current policy of that year, as long as the social security is paid at 60% of the average monthly income of employees in the previous year, as long as there is no default, the local social security institution will be characterized as paying personal social security on time.
After 20 19, with the reform and innovation of the IRS system, the payment provisions of social endowment insurance are more comprehensive and standardized. Basically, the first method of full payment is stipulated, and the payment base is based on the actual income of the individual. Since social insurance premiums are collected by the tax authorities, the verification of many places or deposit bases is borne by social security institutions, and the collection is borne by the tax authorities. What if the enterprise does not pay according to the actual income?
According to the relevant provisions of the Social Security Law, the individual social security administrative organ or the collection unit first orders the employing company to pay in full. If the employer loans overdue fails to pay or repay the social insurance premium, the social insurance premium collection agency may inquire about its bank accounts in insurance companies and other financial institutions; And the relevant administrative organs at or above the provincial level can make a decision to transfer social insurance benefits, and their bank or other financial institutions can transfer social insurance benefits. Of course, this mode of operation is usually achieved through the total amount of social security fees that enterprises should pay.
For enterprises that do not pay social security fees according to the actual income of employees, my personal suggestion is that there are two ways to legally protect their rights. One is to find an employer. The employer is required to pay according to the actual income. If you look at the attitude of the employing company, you must contact more friends to find a company. If the unit agrees, it is best not to choose the second method; The second scheme is to report to the social security agency and the tax authorities respectively, stipulating that the employer should pay back or pay social security fees according to his salary; The third option is to apply for arbitration. It is best to apply for arbitration during work, which is not affected by the time limit. If it has been retired, it will be too timely to apply for arbitration, and there is no good chance of winning.
Generally speaking, it is quite confusing to stipulate compensation on the grounds that enterprises have not paid social security in full. However, if it is stipulated to make up part of the price difference of social security that has not been paid in full, there is still a chance, and most of them can achieve their goals by reporting or reporting to social security agencies and tax authorities.