According to the Regulations on the Management of Housing Provident Fund revised by the State Council on 20 12, "Housing Provident Fund refers to the long-term housing savings paid by state organs, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises, institutions, private non-enterprise units, social organizations and their employees." "The unit shall pay the housing provident fund in full and on time, and shall not pay it overdue or underpaid." For those who do not pay the housing provident fund, the Regulations on the Administration of Housing Provident Fund also stipulates that the unit can be punished and apply to the court for compulsory execution of the unpaid housing provident fund.
It can be seen that the housing provident fund system is implemented in accordance with national laws and regulations.
The survey found that the implementation of many enterprises is not optimistic. Ms. Wu worked in a well-known large-scale real estate comprehensive development enterprise in Nanning for 3 years, and the unit only paid "five insurances" for her, but there was no "one gold". Li, a teacher who teaches in another private school in Nanning, has a similar situation.
According to the figures provided by the Housing Provident Fund Supervision Office of the Housing and Construction Department of the Autonomous Region, at the end of 20 14, the total number of people who paid housing provident fund in the whole region was 2.788 million, accounting for 74.23% of the urban workers. However, this "urban employees" only refers to the employees of government agencies, institutions and state-owned, collective, foreign-funded and foreign-funded enterprises, excluding urban private enterprises.
In fact, the phenomenon of private enterprises refusing to pay provident fund is more prominent. According to preliminary statistics, there are about 1.29 thousand employees in private enterprises in Guangxi at present, but only about 20% of them have provident fund. In other words, if we calculate by the caliber of "urban employees in the whole region" plus "employees in urban private enterprises", nearly half of the employees in the whole region still have no housing provident fund protection.
Lack of legal basis and difficulty in law enforcement.
Why is the provident fund deposit discounted?
The relevant person in charge of the Housing and Construction Department of the autonomous region explained that there are three main reasons.
From the enterprise's point of view, it is a big expense to pay 5%- 12% of the average monthly salary of each employee in the previous year, which can be avoided by many enterprises. However, some administrative institutions, due to limited local financial resources and financial support, lack of special funds, and many employees, especially hiring personnel, do not have housing provident fund.
From the perspective of employees, there are many concerns about being hired by enterprises, and they generally dare to speak out. In Nanning, for example, there are only 1-2 cases of employees complaining about enterprises refusing to pay provident fund every year, and all of them are employees who are ready to leave or have already left.
From the perspective of supervision, the management department also has unspeakable suffering. "The most important thing is that it is difficult to obtain evidence. Found that the enterprise refused to pay the provident fund. However, the provident fund management institution is limited by its functions, and the specific evidence collection data cannot be verified. It is difficult to apply for a court deduction. "
The relevant person in charge of the Provident Fund Supervision Department of the Housing and Construction Department of the Autonomous Region bluntly said, "Social security such as pension and medical care has a complete set of laws and regulations, as well as a labor inspection brigade, which can effectively check and supervise illegal enterprises. However, the supervision of provident fund in this respect is not perfect. At present, it is only managed by a set of administrative regulations on housing provident fund management issued by the State Council, and there are no relevant regulations, which gives illegal acts an opportunity. When supervising whether enterprises pay provident fund, staff often face difficulties in law enforcement due to the lack of strong legal means and compulsory means. "
Call for legislation for housing provident fund management
How to break through these bottlenecks and let more people enjoy housing provident fund benefits?
Provident fund management agencies remind employees to have awareness of rights protection. If the enterprise refuses to pay the provident fund, it can complain to the local provident fund management center with materials such as labor contract and wage income certificate.
The reporter learned from the Provident Fund Supervision Department of the Housing and Construction Department of the Autonomous Region that this year, our district will strengthen the coverage of non-public enterprises, focus on promoting the establishment of housing provident fund system for non-public enterprises and key backbones above designated size, and give policy guidance to other non-public enterprises in accordance with the principle of "low threshold, wide coverage, easy first and difficult later, and gradually reaching the designated position", allowing a low proportion of deposits, and gradually increasing the proportion and base of deposits when conditions are ripe.
In view of the difficulty in obtaining evidence from supervision, the provident fund management institutions in all parts of our district will strengthen the linkage with the departments of people's society, taxation, industry and commerce, establish and improve the information sharing mechanism, and effectively grasp the situation of enterprises paying provident fund. At the same time, research will be carried out in conjunction with people's society and other departments to strive to incorporate the housing provident fund deposit into the model text of labor contract and the collective labor contract of enterprises.
At present, the Regulations on the Management of Housing Provident Fund is only an administrative regulation, which has not yet reached the legal level, which is an important reason why it is difficult to implement the provident fund deposit for a long time. Experts call for legislation on housing provident fund management as soon as possible and strengthen legal restrictions on refusing to pay the provident fund.