Five situations in which an enterprise can not pay social security for its employees. Publisher: Lawyer Fang Hui | Time: August 23, 222 | Classification: Labor Disputes |1826 people have seen it (1) Retired people take up jobs again and sign labor contracts with enterprises. Article 44 of the Labor Contract Law of the People's Republic of China: "The labor contract shall be terminated when the laborer begins to enjoy the basic old-age insurance benefits according to law." (2) Part-time employees who provide dependent services. Part-time workers who are not independent workers refer to those who engage in a second occupation in their spare time without leaving their jobs; Providing physical or mental labor expenses for a third party. Part-time workers have their own jobs, and signing labor contracts and paying social insurance are handled by their work units, which has nothing to do with part-time jobs. (three) the labor service personnel accepted by the enterprise, and the wages paid by the receiving enterprise. A labor dispatch unit shall conclude a labor dispatch agreement with the unit that accepts employment in the form of labor dispatch. The dispatched personnel have been paid social security by the labor dispatch company, and the enterprise may not have to pay for this part of the personnel. (four) the internship agreement signed by the enterprise to receive interns in school. No matter whether the internship unit is arranged by the school or contacted by the students themselves, the purpose of internship is not to get paid, but to gain professional knowledge and practical experience. There is no factual labor relationship between college students and the internship unit, so the unit does not need to pay social security for them. (5) Outsourcing enterprise business by self-employed. If employees on the production line are set up as a group, their wages will become the profits of individual industrial and commercial households, which have a certain tax exemption policy, and at the same time, individual industrial and commercial households can also issue invoices to the company to reduce costs. _ IV. Legal basis for paying social security: 1. Article 72 of the Labor Law of the People's Republic of China: "Social insurance funds shall determine their sources of funds according to the types of insurance, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law. " 2. Article 1 of the Labor Law of the People's Republic of China: "If the employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit; If you fail to pay within the time limit, you can add a late fee. " 3. Article 38 of the Labor Contract Law of the People's Republic of China: "An employer may terminate the labor contract in any of the following circumstances: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (four) the rules and regulations of the employing unit violate the provisions of laws and regulations, and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without informing the employer in advance. " 4. Article 4 of the Social Insurance Law of the People's Republic of China: "Employers and individuals in the People's Republic of China and China pay social insurance premiums according to law, have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units. " 5. Article 86 of the Social Insurance Law of the People's Republic of China: "If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/1 shall be added daily; If it fails to pay within the time limit, the relevant administrative department shall impose a fine of more than one time and less than three times the amount owed. " 6. Article 74 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China stipulates: "The social insurance premiums of surplus employees of enterprises, those who take long leave, those who take long sick leave, those who lend out and those who go to school with pay will continue to be paid by the original units and individuals according to regulations, and the payment period will be counted as the payment period." 7. Article 4 of the Administrative Regulations on the Declaration and Payment of Social Insurance Fees: "The employing unit shall go to the local social insurance agency for payment declaration within the prescribed time limit on a monthly basis, and the declaration items include: (1) the name of the employing unit, organization code, address and contact information; (2) The bank, account name and account number of the employer; (three) the employer's payment insurance, payment base, rate and payment amount; (four) the roster of employees and the payment of employees; (5) Other matters stipulated by the social insurance agency. " 8. Article 16 of the Administrative Regulations on the Declaration and Payment of Social Insurance Fees: "If an employer is under any of the following circumstances, the social insurance agency shall issue a notice of overdue payment of social insurance fees within five working days from the date of finding out the fact of default, order the employer to repay the social insurance fees within five working days after receiving the notice, and inform it that it has not paid the social insurance fees within the time limit, and it will be handled in accordance with the provisions of Articles 63 and 86 of the Social Insurance Law: (1) Failing to declare and pay the social insurance fees as required; (2) Failing to pay social insurance premiums in full and on time after the declaration; (3) Underpaying social insurance premiums due to concealing or omitting matters such as the number of employees and the payment base. " 9. Article 47 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes: "Unless otherwise stipulated in this Law, the arbitration award shall be final, and the award shall become legally effective as of the date it is made: (1) a dispute for claiming labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which does not exceed the local minimum monthly wage for 12 months; (2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc. " 1. Article 57 of the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases: "The expenses for diagnosis, treatment and rehabilitation of occupational disease patients, and the social security for disabled and incapacitated occupational disease patients shall be implemented in accordance with the relevant state regulations on industrial injury insurance." 11. Article 59 of the Law of the People's Republic of China on the Prevention and Control of Occupational Diseases: "If a worker is diagnosed with occupational diseases, but the employer fails to participate in work-related injury insurance according to law, his medical care and living security shall be borne by the employer." 12. Article 29 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests: "The State promotes the maternity insurance system and establishes and improves other maternity-related security systems. Local people's governments at all levels and relevant departments shall provide necessary maternity assistance to poor women in accordance with relevant regulations. "