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The handling of units that fail to pay social insurance premiums in full and on time in accordance with the law is mainly divided into four steps: calling for social insurance premiums, checking deposit accounts, applying for enforcement, and implementing compulsory measures: Step 1: Calling for social insurance premiums. First, for employers that fail to pay social insurance premiums in full and on time, the district and county social security sub-centers will order them to make up payment within a time limit according to law. Second, the municipal, district and county human resources and social security bureaus’ social insurance payment joint law enforcement agencies will accept social security payment reports and complaints in accordance with the law and conduct investigations. , inspections, and if the employer fails to pay social insurance premiums in full and on time or conceals or omits the number of employees, payment base, etc., it shall be ordered to make up payment or make payment within a time limit.
Step 2: Check the deposit account. If the employer is ordered to make up payment within a time limit or the employer has not paid or made up the social insurance premiums after the payment period has expired, the district or county social insurance sub-center may inquire the employer's deposit account with the employer's bank or other financial institution to inquire about its payment ability. Banks or other financial institutions shall assist in inquiries in accordance with the law.
Level 3: Apply for enforcement. After obtaining the query results, the district and county social insurance sub-centers will submit an "Application for Transfer of Unpaid Social Insurance Premiums" and related materials to the district or county Human Resources and Social Security Bureau for employers with the ability to pay.
Level 4: Implement compulsory measures. If the district or county human resources and social security bureau needs to make an allocation after review, it will serve a reminder to the employer. The deadline for reminder payment is 3 working days. During this period, the employer has the right to make a statement and defend whether the employer has not paid or has not paid the debt at the expiration of the reminder payment period. If the amount is made up, the district or county human resources and social security bureau shall make a decision to allocate social insurance premiums within three working days, serve the "Decision on Allocating Overdue Social Insurance Premiums" to the employer, and serve it to the bank or other financial institution where the employer has an account. "Notice of Assistance in Transferring Unpaid Social Security Premiums".
The "Notice" also stipulates that the transfer amount includes a late payment fee of 0.05%, which shall be calculated from the date of default to the date of the transfer decision. The amount of the late payment fee shall not exceed the amount of social insurance premiums payable by the employer. . If the employer believes that the transfer decision infringes upon its legitimate rights and interests, it may apply for administrative reconsideration or file an administrative lawsuit within the statutory period, which will not affect the execution of the transfer decision.
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