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Can the social security subsidy given by the company be recovered?
Legal subjectivity:

It is reasonable that every company needs to buy social security for its employees, but some companies do not buy social security for their employees, but compensate their employees in the form of cash subsidies. So, is it legal for companies to subsidize social security instead of buying social security? Below, in order to help you better understand the relevant legal knowledge, Bian Xiao has compiled relevant contents, hoping to help you. The company did not buy social security, but gave social security subsidies. Is it legal or not? If you apply for labor arbitration. How can a company compensate for social insurance without buying social insurance refers to a non-profit social security system with the function of income redistribution to prevent and force most members of society to participate. Social insurance is a social and economic system that provides income or compensation for those who lose their ability to work, are temporarily unemployed or suffer losses due to health reasons. According to the relevant provisions of the Social Insurance Law, the employing unit shall participate in five social insurances for its employees, and those who fail to participate will be punished. As far as the parties are concerned, if the company fails to insure them, they can report to the local labor security supervision brigade, or apply for labor arbitration and ask them to pay back, but there is no problem of compensating or subsidizing the parties. Unless the party concerned leaves his job because the company has not insured him, the economic compensation stipulated in the Labor Contract Law shall apply. The new Social Security Law stipulates more compulsory measures for the collection of social insurance premiums. If the employer fails to register social insurance in accordance with the regulations, it will impose a fine on the directly responsible person in charge and a fine of more than 3 times the amount of social insurance premium payable/kloc-0. Article 84 of the full text of the Social Insurance Law of People's Republic of China (PRC) * * * If the employer fails to register social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan. Article 85 Where an employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be handled in accordance with the provisions of the Labor Contract Law of People's Republic of China (PRC). Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed. Article 87 Where social insurance agencies, medical institutions, pharmaceutical trading entities and other social insurance service institutions defraud social insurance fund expenditures by means of fraud or forgery of certification materials, the social insurance administrative department shall order them to return the defrauded social insurance money and impose a fine of more than 2 times but less than 5 times the amount defrauded; If it belongs to a social insurance service institution, the service agreement shall be terminated; If the directly responsible person in charge and other directly responsible personnel are qualified, their qualifications shall be revoked according to law. If the social security dispute with the company cannot be solved, you can ask online lawyers through the online consultation system and ask them to give you the corresponding solution.

Legal objectivity:

Article 63 of the Social Insurance Law of People's Republic of China (PRC), if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.