Units Shall Not Require Employees To Pay Late Fees For Arrears Of Social Security Payments.
Qi was recruited for employment by a mechanical company in December 1, 2014, and signed a 5 year term written labor contract at the recruitment office held by Gaotang County employment agency.
The labor contract stipulates that 3 months' probation period shall be deducted by the company from the personal social insurance. After the probation period expires, the social insurance premium shared by both sides shall be paid back to the social insurance agency according to the regulations.
In March 15, 2015, when the trial period was completed, the social insurance agency paid the social insurance to the local social insurance agency. The operator told us that according to the relevant provisions of the social insurance premium declaration, the company paid 5/10000 of the late fee from the date of default owing to the company's failure to pay monthly.
The company notified Qi that it would undertake the item on its own.
Cost
。
When he was puzzled, he went to the people's social department for consultation.
Answer: the practice of the company is against the regulations and what happened here.
Late fee
It should be borne by the employer.
The twentieth provision of the "social insurance law" stipulates: "
Workers
The social insurance premium that should be paid is withheld by the unit.
Where the employer fails to pay the tax in accordance with the law, the social insurance premium collection agency shall order the employer to pay the time limit and pay 5/10000 of the late fee to the employer on the date of default.
Employers shall not require employees to pay late fees.
At the same time, the eleventh provision for the declaration and payment of social insurance premiums stipulates: "the social insurance premiums payable by the workers and staff members shall be withheld by the employer.
Any employer or individual shall not intervene or refuse to perform the obligation of withholding or acting according to law.
If the employer fails to make payment in full and on time, the social insurance agency shall order it to pay within a prescribed time limit and, from the date of default, pay 5/10000 of the late fee to the employer.
Employers shall not require employees to pay late fees.
The staff communicated with the person in charge of the company in time and explained the relevant labor laws and regulations.
The person in charge of the company immediately said that it was strictly carrying out according to the relevant regulations of the state, and all the late fees required to be paid were borne by the company.
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