According to the Labor Law of the People's Republic of China, five insurances and one fund are required:
1. Opening an account for social security and provident fund
Enterprises need to open an account for social security and provident fund at the social security bureau and provident fund center within 31 days from the date of establishment. After opening a social security account, you will get the Social Security Registration Certificate, and after opening a provident fund account, you will get the unit provident fund registration number.
2. Increase or decrease employees
Every month, the company must add the newly-added employees to the company's five insurance and one gold account, and delete the employees who have left the company from the account. Social security and provident fund accounts are two independent accounts, and the operation of increasing or decreasing employees must be carried out in both accounts.
3. Confirm the payment base
Units need to declare the correct payment base of five insurances and one gold for employees every month to ensure the normal payment of five insurances and one gold. The payment base of five insurances and one gold is based on the average salary of employees in the previous year or the salary in the first month of employment.
4. Five insurances and one gold payment
If the enterprise, the bank and the social security/provident fund management institution have signed a bank payment agreement, the five insurances and one gold payment will be directly deducted from the enterprise bank account at a fixed time every month. Of course, enterprises can also choose to pay on-site by cash or check to the five insurance and one gold management institution.
According to Chapter IX of the Labor Law, Social Insurance and Welfare
Article 71 The state develops social insurance undertakings, establishes a social insurance system and establishes a social insurance fund, so that workers can get help and compensation in cases of old age, illness, work injury, unemployment and maternity.
article 71 the level of social insurance should be compatible with the level of social and economic development and social affordability.
article 72 the sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.
Article 73 Laborers shall enjoy social insurance benefits according to law under the following circumstances:
(1) Retirement;
(2) getting sick or injured;
(3) being disabled at work or suffering from occupational diseases;
(4) unemployment;
(5) bearing.
after the death of a worker, his survivors shall enjoy the survivors' allowance according to law.
the conditions and standards for workers to enjoy social insurance benefits are stipulated by laws and regulations.
social insurance benefits enjoyed by workers must be paid in full and on time.
article 74 the social insurance fund handling institution shall collect, manage and operate the social insurance fund according to the law, and shall be responsible for maintaining and increasing the value of the social insurance fund.
social insurance fund supervision institutions shall supervise the income and expenditure, management and operation of social insurance funds in accordance with the law.
the establishment and functions of social insurance fund handling institutions and social insurance fund supervision institutions are stipulated by law.
no organization or individual may misappropriate social insurance funds.
article 75 the state encourages employers to establish supplementary insurance for workers according to their actual conditions.
the state encourages individual workers to take savings insurance.
article 76 the state develops social welfare undertakings and builds public welfare facilities to provide conditions for workers to rest, recuperate and recuperate.
The employing unit should create conditions to improve collective welfare and improve the welfare treatment of workers.
Extended information:
1. Many start-up enterprises pay less or even no five insurances and one gold for their employees in order to save costs, which will face some risks:
According to the Social Insurance Law and the Regulations on the Management of Housing Provident Funds, enterprises that fail to pay social security for their employees in full and on time will be charged a late fee of five ten thousandths. Those who fail to pay the provident fund within the time limit will be fined between RMB 1,111 and RMB 51,111.
In reality, if an employee files an arbitration or lawsuit because the enterprise has not paid the social security accumulation fund for him normally, the loser is basically the enterprise.
2. Payment ratio
The company needs to bear part of the five insurances and one gold, which is directly deducted from the bank account of the company, and the employees also need to bear part of it, which is deducted from the employee's salary. Because different places are different, taking Beijing as an example, we hire a product manager with a monthly salary of 11,111 yuan, and the monthly cost of social security and provident fund is: < P > That is to say, for enterprises, in addition to paying a salary of 11,111 yuan per month, they also need to spend an extra 4,311 yuan on five insurances and one fund for employees; For employees, the salary of 11,111 yuan will be deducted from the five insurance and one gold expenses of 2,223 yuan before they get it, and then the personal income tax will be deducted, so the actual salary of employees is less than 7,511 yuan.
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