This year before December 10, should finish social insurance premium and income of tax of the first batch of blame to ask for a canal to censure delimit pass on accepts the job. Unite by duty Wu branch since January 1, 2019 collect each society insurance premium and go ahead of the rest to delimit the blame taxation that turn is entered.
Social security new rule carries out shortly, a lot of people are insufficient still to understanding of social security pay, social security pay will affect worker a lot of pay such as the following emeritus provide for the aged, have some of unit however with a variety of reason, stop capture or delay to make social security, damaged the labor rights and interests of laborer directly.
A few social security new policy is forthcoming content and everybody be closely bound up!
1, unit probation not capture of the ability after employee of capture social security becomes a full member
Unit because of probation, do not be employee pay social security, is this lawful?
Basis " social insurance law " and " regulation of housing accumulation fund " regulation, the enterprise must give a worker pay sufficient " 5 danger one gold " , namely insurance of endowment insurance, medical treatment, unemployed insurance, inductrial injury insurance, birth insurance and housing accumulation fund.
When enterprise and worker sign a contract, work reward, society is sure to wait to belong to the necessary clause of labor contract. " labor contract law " the 19th the 4th section provision, probation should include to agree the same term in labor in, that is to say, the enterprise also must be employee pay social security between probation.
2, make employee affirmatory abandon capture social security
There is some of company nowadays, a written consent can be issued in employee of the requirement when signing labor contract with employee, mention expressly in affirmatory book: Employee abandons this company be gold of insurance of its pay society of one's own accord, the company regards the component of salary as social insurance gold, pay employee directly.
This is to break the law and unreasonable. According to " social insurance law " " labor contract law " relevant provision, unit of choose and employ persons and laborer must attend social insurance lawfully, gold of pay society insurance. Attend a society to be sure for laborer and lawfully the law that gold of pay society insurance is unit of choose and employ persons defines Wu, this obligation cannot be changed through the agreement by unit of choose and employ persons and laborer or abandon.
3, the unit makes base pay social security with base pay or minimum wage standard only
" social insurance law " regulation, the base of insurance cost of company of pay of unit of choose and employ persons is this unit worker total wages. The base that worker pay expends is his salary, in be operated actually, this person pay is to show the year on oneself is mean monthly commonly salary. Nevertheless, when oneself mean monthly salary under place mean monthly salary of 60% , press local worker mean monthly the 60% pay cost of salary.
4, archives did not transfer an unit cannot capture social security
New employee enters office, as a result of the relation with fluctuant human affairs, the likelihood does not have the archives before to come in time from original unit mix, because cannot be employee pay social security so without archives,at this moment some of unit can say, but the argument that archives can not make unit delay make social security.
" social insurance law " the 58th, the 60th regulation, unit of choose and employ persons ought to since the day that for private use is versed in be sure to the society for its worker inside 30 days agency orgnaization applies for to deal with a society to be sure to register. Did not deal with a society to be sure to register, by check and ratify of orgnaization of social insurance agency its ought to the social insurance premium of pay.
Unit of choose and employ persons ought to be declared by oneself, on time insurance premium of society of pay of full specified amount, because the legal particulars of a matter such as force majeure does not get delay capture, derate,be not. Visible employee did not switch archives cannot become unit of choose and employ persons not the reason with capture safe society.
5, do not sign a contract need not capture social security
When unit of choose and employ persons rejects pay social security with signing labor contract, employee can offer the following proof, the choose and employ persons between proof and unit concerns.
Labor and social security ministry " the announcement that concerns item about establish working relationship " service company department (2005) 12 the 2nd regulation: Unit of choose and employ persons did not sign labor contract with laborer, following proof can consult when cognizance both sides puts in labor to concern:
(one) salary pays a voucher or record (worker pay extends register) , pay the record of each society insurance premium;
(2) unit of choose and employ persons extends to laborer " employee's card " , " service card " wait for the certificate that can prove the identity;
(3) the unit of choose and employ persons that laborer fills in hires invite applications for a job " registration form " , " application form " etc action with the record;
(4) record of check on work attendance;
(5) the attestation of other laborer.
Among them, (one) , (3) , (4) concerned proof bears quote responsibility by unit of choose and employ persons.
Manage together, according to " social insurance law " regulation, unit of choose and employ persons ought to since the day that for private use is versed in be sure to the society for its worker inside 30 days agency orgnaization applies for to deal with a society to be sure to register.
6, the unit uses a means of to pay cash to replace capture social security
A few units do not give employee pay social security, but can send allowance of brushstroke social security to expend to employee, replace social security pay with cash.
" social insurance premium collects pay temporary regulations " dozenth a regulation: "Pay cost unit and pay cost individual ought to with insurance premium of society of pay of monetary form sum. Capture expends an individual ought to the social insurance premium of pay, from its oneself by place unit the generation in salary deducts acting pay. " unit of choose and employ persons and individual must not undertake conventional with respect to social insurance premium under the counter, pay cash by unit of choose and employ persons, employee individual proper motion handles the way of social security pay, not desirable.
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