However, xinanjie, which has just completed the inquiry process, has been exposed by many media that there are problems such as the shareholders suspected bribery case has not been disclosed, there is no core technology, there are safety production risks and other issues, and it is also suspected of violating the labor law and the social insurance law.
? employees voluntarily give up social security
The employer is not exempt from liability
On July 1, our newspaper reported the relevant situation in the article labor disputes of xinanjing failing to pay social security according to law increased year by year, and there are potential risks of illegal activities. Coincidentally, on July 2, according to chinanews.com, the Ministry of human resources and social security once again issued a document reiterating that employees who voluntarily give up social security units can not be exempted from liability.
The Ministry of human resources and social security said that according to the relevant provisions of the state, employers and employees should participate in the basic endowment insurance system and pay the basic endowment insurance premiums in full and on time. This is not only the legitimate rights of employers and employees, but also the obligations of employers and employees. They can not be exempted according to the wishes of employees or employers, otherwise they will bear corresponding legal responsibilities.
Xinanjie replied in the inquiry letter that as of the end of 2019, 774 employees should have paid social security in accordance with the law. Xinanjie gave various reasons, for example, some employees have already participated in the endowment insurance and medical insurance of urban and rural residents, and are unwilling to buy social security repeatedly; some employees are close to retirement age, unable to pay social security fees for more than 15 years, or have difficulties in life, and voluntarily give up payment because of the increasing burden of social security.
This is obviously contrary to the requirements of the Ministry of human resources and social security, the labor law and the social insurance law. An industry person familiar with the labor law told the reporter, its 2020, and Chinas legal system construction is constantly improving and improving. As a public company selected in the new third board, xinanjie, as a public company selected by the new third board, actually takes law as a play and takes illegal activities as such for granted, which is disrespect for law and workers.
? if it is punished according to the top grid
? xinanjie has little net profit left in the whole year
Xinanjie said on page 73 of the reply to the inquiry letter that, according to the companys calculation, the amount of five insurances and one fund that should be paid but not paid was 8.73 million yuan in 2017, 5.86 million yuan in 2018 and 2.81 million yuan in 2019, accounting for 29.31%, 17.91% and 5.17% of the total profits of the current period respectively. And note: the calculation of supplementary payment amount is based on the estimation of the number of unpaid persons at the end of each period.
On September 21, 2018, the Ministry of human resources and social security issued the urgent notice on implementing the spirit of the executive meeting of the State Council and doing a good job in the collection of stable social insurance premiums, proposing to stabilize the collection of social insurance premiums, strictly implement the current collection policies of social security fees, and strictly prohibit the centralized collection and payment of historical arrears of enterprises by themselves.
Xinanjie believes that, according to the above regulatory policies, the relevant departments and regulatory policies require that the company shall not pay the outstanding social security fees in a centralized manner. Therefore, the risk of the company being recovered and administrative punishment due to failing to fully or fully pay the social security and provident fund for employees is relatively small.
Xuanjie holding, the controlling shareholder of xinanjie, and the actual controller also issued a commitment: if xinanjie needs to make up the unpaid social insurance fund and housing provident fund for the employees before the signing date of this letter of commitment, or bear any penalty or compensation liability due to insufficient payment, the company / I will fully compensate xinanjies expenses or compensation liabilities Losses suffered.
However, the promise of the actual controller is only the remedy after the event and the debt commitment, but the object of law enforcement must be xinanjie, and his promise of creditors rights and debts does not transform the object of law enforcement to the actual controller itself.
This is a smart little thing to put the cart before the horse. It is a legal obligation for every enterprise to pay social insurance according to law, and pay it in full and on time. However, xinanjie thinks that the risk of being recovered and administrative punishment is relatively small, and it seems that there is no need to pay any more. The above-mentioned industry insiders who are familiar with the labor law told reporters, this can only show that the enterprise managers are weak in relevant legal knowledge. Xinanjie should take the initiative to pay the social security fees in arrears, or it may face high fines. According to the law, if workers complain, even collective complaints, then law enforcement departments will inevitably carry out investigation and evidence collection and relevant administrative treatment.
According to Article 86 of the social insurance law, if an employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order the employer to pay or make up the social insurance premium within a time limit, and an additional fine of 0.05% per day shall be imposed from the day of default; if the employer fails to pay within the time limit, a fine of not less than one time but not more than three times of the amount in arrears shall be imposed by the relevant administrative department.
According to the legal provisions, in addition to paying social security and high overdue fine, xinanjie may also face the risk of fine. If it is punished according to the ceiling, xinanjie who fails to pay more than 13.53 million yuan of social security may face a penalty of more than 40 million yuan. However, the net profit of new Anjie in 2019 is only 54.4569 million yuan.
Under the background that the legalization of social insurance is related to the vital interests of every worker, is it the laborers unwillingness to pay social security or the excuse of the enterprise? As a labor-intensive enterprise, xinanjie, as a public company selected by the new third board, how to fulfill its obligation of paying social security according to law and shoulder its due social responsibility will be paid close attention by the reporter of Securities Daily.