Enterprises are obliged to pay social security for their employees, otherwise they will bear certain risks

On March 3, 2019, Xiao Chen joined a fruit company, and the two parties signed a labor contract for one year. The contract stipulated that Xiao Chen's monthly salary was 3 yuan. On January 1, this year, the labor contract signed between Xiao Chen and the company expired. The company notified Xiao Chen to terminate the contract and not renew it. When going through the relevant procedures, Xiao Chen discovered that the company had not paid social insurance premiums to him, so he asked the company to pay them back. However, the director of the human resources department said: The company has regulations that employees must work for a full year before the company pays them social insurance premiums. Xiao Chen had just worked for one year, and the company no longer renewed his labor contract, so Xiao Chen was not within the scope of paying social insurance premiums. Therefore, Xiao Chen complained to the local labor and social security supervision department.
Case analysis:

The inspector interviewed the company staff and informed: Article 1 of the "Regulations on the Administration of Declaration and Payment of Social Insurance Premiums" stipulates that the employer shall provide services to its employees within 3 days from the date of employment. Apply for social insurance registration and declare and pay social insurance premiums. Article 3 stipulates that if the employer fails to declare payment to the social insurance agency in accordance with the regulations or fails to pay the social insurance premiums in accordance with the regulations, the social insurance administrative department shall investigate and deal with it in accordance with the law. If an employer fails to pay social insurance premiums in full and on time, the social insurance agency shall, in accordance with the provisions of Article 1 of the Social Insurance Law, order it to pay or make up the amount within a time limit, and impose a late payment penalty of .r on a daily basis starting from the date of default. If payment is still not made within the due date, the social insurance administrative department shall impose a fine of not less than three times but not more than three times the amount of unpaid amount. Finally, the company paid Xiao Chen's social insurance premiums from the 3rd to the 3rd of the year in accordance with the regulations.
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