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The court found that there was a factual labor relationship. The employer does not pay social security, how to apply to the court for the implementation of social security payment?
You can apply to the people's court to take measures such as sealing up, distraining or auction to offset social insurance premiums. The following evidence can prove the existence of labor relations with the employer

1, payment voucher or record;

2. Payment records of various expenses;

3. The employee's work permit, service certificate and other documents that can prove the identity;

4. Recruitment registration forms, registration forms and other recruitment records filled out by employees;

5. Attendance record;

6. Testimonies of other workers, etc.

Among them, the employer bears the burden of proof for the above one to five documents.

Social security payment methods are divided into individual payment and unit payment. Under normal circumstances, when paying social security funds in the name of an individual, it can only be two parts of social security: pension and medical insurance:

1, you can apply for social security, pension and medical care as a freelancer;

2. Insurance conditions: urban hukou or rural hukou;

3. Handling location: local community street social security service points, or district and county social security bureaus and labor security bureaus;

4. How do individuals pay the basic information needed in social security issues: household registration book, ID card and its copy, and two 1 inch photos;

5. Payment standard: based on the local social wage in the previous year, the proportion of pension payment is 20%, and that of medical care is about 9%. At present, 80% and 100% are still available.

legal ground

Article 12 of the Social Insurance Law of People's Republic of China (PRC) * * * The employing unit shall pay the basic old-age insurance premium according to the proportion of the total wages of employees stipulated by the state and record it in the basic old-age insurance pooling fund.

Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts. Article 58 An employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.

The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.