Recently, the related topic of "before the retirement age, social security has been paid for 15 years, can I no longer pay money and wait for retirement?" The official WeChat of the Ministry of Human Resources and Social Security responded that Article 16 of the Social Insurance Law stipulates that individuals who participate in basic pension insurance and have paid contributions for 15 years when they reach the statutory retirement age will receive a basic pension on a monthly basis. After 15 years of social security contributions, the employer shall continue to pay for the employee's insurance participation in accordance with the regulations, and go through the retirement procedures after meeting the conditions for receiving benefits, and receive the basic pension on a monthly basis.
▲ Source: Photo by Calle Pictures Ning Ying
Tang Huang, a lawyer at Hunan Tiandiren Law Firm, said that social insurance is a social security system established by national legislation, and both employers and employees must participate in social insurance in accordance with the law. The Social Insurance Law stipulates that an employer shall apply to the social security agency for social insurance registration for its employees within 30 days from the date of employment. If the unit and the employee fail to pay, they shall be ordered to pay within the time limit or make up for it and impose a late fee, and if they still fail to pay within the time limit, they will be punished by the relevant administrative department.
As long as the employee is in the state of employment, he or she cannot stop paying social security. Tang Huang said that the social insurance paid by employers and employees includes basic endowment insurance, medical insurance, maternity insurance, work-related injury insurance, and unemployment insurance. For employees, once they stop paying social insurance, they will not be able to get corresponding protection if they encounter illness, childbirth, work-related injury or unemployment, and for employers, paying social insurance in accordance with the law is also an important guarantee. For example, in terms of work-related injury insurance, an employer that pays work-related injury insurance in accordance with the law can pay the prescribed medical expenses and work-related injury benefits by the work-related injury insurance fund after an employee has a work-related injury accident, thereby reducing the risk of work-related injury expenses of the employer.
15 years of contribution is only the minimum number of years required to receive a basic pension, not that you can pay for 15 years without paying contributions. The calculation of the basic pension is directly related to the payment base and the payment period, the higher the payment base, the longer the cumulative payment period, the more pension you receive when you retire, which is often said to be "long pay more, pay more more". Therefore, only by paying social insurance in accordance with laws and regulations can we better enjoy the protection provided by the social insurance system.
Pension insurance is cut off, and the treatment is cleared?
▲ Source: Photo by Calle Pictures Ning Ying
If the pension insurance is interrupted, the insurance record will not be cleared.
The Social Insurance Law stipulates that "those who have paid contributions for 15 years when they reach the statutory retirement age shall receive a basic pension on a monthly basis." ”
"Cumulative payment for 15 years" refers to the cumulative number of years (including the deemed payment period) for employees or residents to pay pension insurance premiums in accordance with regulations. The social security agency retains the basic pension insurance relationship and payment records, and there is no such thing as clearing or invalidating after expiration.
Therefore, the temporary interruption of payment due to change of job, change of residence, etc., will not affect the record of previous payment.
However, the long-term interruption of pension insurance has led to insufficient payment periods, and the time for receiving pensions should be postponed accordingly.
When I reach the statutory retirement age, can I make a one-time supplementary payment if the pension insurance has not been paid for enough years?
Whether each person can make up the payment depends on the situation.
The first type: if you participate in the urban employee pension insurance. When the retirement age is reached, if the cumulative contribution is less than 15 years, the contribution can be extended to 15 years.
There is a cut-off point: the implementation of the Social Insurance Law on 1 July 2011.
●Those who have already participated in the insurance and paid the premiums before this cut-off point: if the payment is not enough after 5 years of extension, the one-time payment can be made to 15 years;
●If you participate in the insurance and pay after this cut-off point, you need to continue to pay until 15 years before receiving the pension.
Second: If you participate in the pension insurance for urban and rural residents. There are three types of cases:
●Situation 1: When the pension insurance system for urban and rural residents is implemented in the place where you are registered, you have reached the age of 60 and have not received the basic old-age security benefits stipulated by the state, then you can receive the old-age insurance for urban and rural residents on a monthly basis without paying fees.
●Situation 2: When the system is implemented, if you are less than 15 years away from the prescribed age of 60, you should pay the fee year by year until the age of 60. Retroactive contributions are also allowed, but the cumulative contributions do not exceed 15 years.
● Situation 3: When the system is implemented, if you are more than 15 years away from the prescribed age of 60, you should pay the annual fee, and the cumulative contribution is not less than 15 years before you can receive the pension.
Can an employee voluntarily waive social security contributions?
▲Source: WeChat public account of the Ministry of Human Resources and Social Security
Have you ever seen this kind of pledge? Some companies will require employees to sign such a pledge to voluntarily give up social security when signing a labor contract. In this case, please refuse decisively!
In order to pay less social security and take more wages, some employees take the initiative to hand in the letter of commitment, give up social security, and ask the company to convert social security into wages and pay them to themselves.
Note: This kind of "Letter of Commitment" has no legal effect! All of the above acts are illegal!
According to the relevant provisions of the Social Insurance Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China:
Employers and workers shall participate in social insurance and pay social insurance premiums in accordance with the law.
It is the legal obligation of the employer to participate in social insurance for the employee and pay the social insurance premium in accordance with the law, and this obligation cannot be changed or waived by the employer and the employee through agreement.
Can I use cash instead of social security?
▲ Source: Photo by Calle Pictures Ning Ying
Some employers use cash instead of paying social security, which is also called good for employees. Don't believe it! Resolute rejection is the right solution.
There are also some employees who want to get social security premiums in the form of wages, and then participate in the insurance or not by themselves, thinking that this can have greater benefits, this kind of "cleverness" is not good!
Article 12 of the Interim Regulations on the Collection and Payment of Social Insurance Premiums stipulates that:
Contributors and individuals shall pay social insurance premiums in full in monetary form. The social insurance premiums that should be paid by the individual shall be withheld and paid by the employer from his or her own salary.
It is not advisable for employers and individuals to privately agree on social insurance premiums, and it is not advisable for employers to pay in cash instead of social insurance or for employees to handle social insurance payments on their own.
Can I not pay social security during the probation period?
No, you can't skip paying!
Article 58 of the Social Insurance Law stipulates that:
The employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If they fail to register for social insurance, the social insurance agency shall verify the social insurance premiums they should pay.
Both employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law, which is mandatory by law.
Even during the probationary period, if the employer and the employee reach an agreement through negotiation, they cannot withhold the payment of social insurance.
If you don't sign a contract, you don't have to pay social security?
Some companies do not pay social security to their employees on the grounds that they have not signed a labor contract, which is not right!
The employer shall conclude a labor contract with the employee within one month from the date of employment and pay social security premiums in accordance with the law.
Not signing an employment contract does not mean that there is no labor relationship!
Don't worry if you don't have an employment contract, you can apply for arbitration and file a lawsuit in accordance with the law to confirm the employment relationship between yourself and the employer.
Article 2 of the Notice on Matters Relating to the Establishment of Labor Relations stipulates that:
If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:
1. Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;
2. The "work permit", "service certificate" and other documents that can prove the identity issued by the employer to the employee;
3. Recruitment records such as the "registration form" and "registration form" filled in by the employee;
4. Attendance records;
5. Testimony of other workers, etc.
Among them, the burden of proof shall be borne by the employer for the relevant documents in items (1), (3) and (4).
If there is an employment relationship, the employer should pay social insurance for the employee.
Have you memorized all of the above?
Everyone must keep their eyes open
Participate in social insurance in accordance with the law!
Source: China Xiaokang Network WeChat Official Account Comprehensive Economic Daily, Jiangsu News, Ministry of Human Resources and Social Security WeChat Official Account
Editor-in-charge: Wu Jinyang
Review: Tian Yuan Yuying