Legal analysis: The "four funds" refer to social security funds, housing provident funds, poverty alleviation funds and disaster relief funds.
Legal basis: "Social Insurance Law of the People's Republic of China"
Article 60 The employer shall declare on its own and pay social insurance premiums in full and on time, unless due to force majeure, etc. Payment cannot be postponed or reduced due to statutory reasons. The social insurance premiums that employees should pay shall be withheld and paid by the employer, and the employer shall notify the employee of the details of the social insurance premiums paid on a monthly basis.
Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employer, and other flexible employment personnel can pay social insurance premiums directly to the social insurance premium collection agency.
Article 63 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 within a time limit or make up the amount.
If the employer fails to pay or make up the social insurance premiums overdue, the social insurance premium collection agency can inquire about its deposit accounts with banks and other financial institutions; and can apply to the relevant administrative departments at or above the county level to make an allocation of social insurance premiums. Determine the payment of social insurance premiums and notify the bank or other financial institution in writing to allocate social insurance premiums. If the employer's account balance is less than the social insurance premiums that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign a deferred payment agreement.
If the employer fails to pay social insurance premiums in full and fails to provide guarantees, the social insurance premium collection agency may apply to the People's Court to seize, seal up, or auction property whose value is equivalent to the social insurance premiums payable. Income is offset against social insurance premiums.
"Regulations on the Administration of Declaration and Payment of Social Insurance Premiums"
Article 16 If an employer has any of the following circumstances, the social insurance agency shall notify the employer on the date of ascertaining the fact of default in payment Issue a notice of late payment of social insurance premiums within 5 working days from the date of receipt of the notice, ordering the employer to pay the social insurance premiums within 5 working days of receipt of the notice, and at the same time informing the employer that if the payment is not made within the time limit, it will be punished in accordance with Article 63 of the Social Insurance Law, Article 86: (1) Failure to declare and pay social insurance premiums as required; (2) Failure to pay social insurance in full and on time after filing (3) Under-payment of social insurance premiums due to concealment or omission of the number of employees, payment base, etc.
Article 17 If the employer fails to pay back the amount within the time limit specified in Article 16 of these Regulations, the social insurance agency may, in accordance with the provisions of Paragraph 2 of Article 63 of the Social Insurance Law, demand payment from the employer. The unit's bank or other financial institution inquires about its deposit account.
Article 18 The social insurance agency may apply to the corresponding social insurance administrative department for a decision to allocate social insurance premiums based on the inquiry results, and submit the following materials:
(1) ) The name, legal representative, address, and contact information of the employer;
(2) The employer’s bank account, account name and account number;
(3) Facts and reasons for applying for transfer and basis;
(4) The amount of social insurance premiums applied for transfer;
(5) Other materials required by the social insurance administrative department.
Article 19 After receiving the allocation application from the social insurance agency, the social insurance administrative department shall make a timely decision to allocate social insurance premiums in accordance with the provisions of the "Administrative Enforcement Law of the People's Republic of China" , and notify the employer's bank or other financial institution in writing to transfer it.
Article 20 The decision to allocate social insurance premiums made by the social insurance administrative department shall be sent to the employer in accordance with the provisions of the "Administrative Enforcement Law of the People's Republic of China", and a copy shall be sent to the social insurance manager. office.