The Unit Shall Pay The Housing Provident Fund For Workers In Full.
I have worked in a company for more than 3 years.
Recently, I found that although the company had paid the housing provident fund for me, the deposit ratio was only one percent of my salary.
In the face of my doubts, the company said: the housing provident fund has obvious welfare benefits. It does not belong to the scope of social insurance, nor is it compulsory as social insurance. The company has the right to choose whether to pay or not to pay.
Excuse me, is the company's statement correct?
The company's statement is wrong.
On the one hand, the housing provident fund for employees is the employing unit.
Legal obligation
。
Housing provident fund management Ordinance fourteenth, the first, fifteenth, the first and twentieth stipulate separately: "the newly established units shall, within 30 days from the date of establishment, go to the housing provident fund management center to handle the housing provident fund deposit registration, and within 20 days from the date of registration, hold the examination document of the housing accumulation fund management center, and go to the authorized bank to establish the housing accumulation fund account for the employees of the unit."
"The employing units of the unit shall register with the housing provident fund management center within 30 days from the date of employment, and hold the examination and approval documents of the housing provident fund management center, and go to the entrusted banks to handle the establishment or pfer procedures of the housing provident fund accounts of the employees."
"The unit shall pay the housing accumulation fund on time and in full, and shall not pay the deposit or pay less.
The units that have difficulties in paying the housing provident fund can be reduced by the approval of the housing provident fund management committee and approved by the housing provident fund management committee after being discussed and approved by the workers' Congress or trade union. After the approval of the housing provident fund management committee, the unit can reduce the proportion or delay in paying the deposit.
Pay back
To postpone payment. "
The object, the responsible person, the starting time and the responsible organization of the housing provident fund are all derived from the law, which is both the responsibility of the employing unit and the rights and interests that their employees should enjoy.
On the other hand, the proportion of housing provident fund paid to employees is not arbitrary.
Sixteenth, 18 and thirty-eighth regulations on housing provident fund management stipulate:
Housing provident fund for staff and workers
The monthly payment amount is the monthly average wage of the employees themselves, which is multiplied by the proportion of the workers' housing provident fund payment.
The monthly deposit amount paid by the housing provident fund for the workers is the monthly average wage of the worker himself in the previous year multiplied by the proportion of the unit housing provident fund deposit.
"The proportion of housing provident fund paid by workers and units should not be less than five percent of the average monthly salary of the workers in the previous year; the eligible cities can appropriately raise the proportion of deposit.
The specific deposit ratio shall be drawn up by the housing authority and approved by the people's government at the corresponding level, and submitted to the people's Government of the province, autonomous region and municipality directly under the central government for approval.
"In violation of the provisions of this regulation, the unit fails to pay or pay less housing provident fund within the time limit, the housing provident fund management center shall be ordered to pay the deposit within a specified time limit. If the unit fails to pay the deposit within the time limit, it may apply for enforcement by the people's court."
That is, the deposit of housing provident fund has a clear proportion and minimum requirement. Any employer must comply with it. If there is any violation, it can be paid by the court.
Related links:
The housing provident fund refers to the long-term housing deposits deposited by state organs, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, private enterprises in cities and towns, other town enterprises, public institutions, private non enterprise units, social organizations and their employees.
In 2011, the Ministry of housing and urban rural development was working together with various departments to study the provisions of the revised Provident Fund Ordinance to release the provisions of individual extraction of provident fund for housing rent.
In 2013, some cities promulgated Measures to allow employees with major diseases or their immediate relatives to withdraw funds for emergency treatment.
In 2014, the three Department issued a document to cancel the housing provident fund personal housing loan insurance, notarization, new housing appraisal and compulsory institution guarantee, and so on, so as to lighten the burden of loan workers.
In 2015, the regulations on the management of housing provident fund (Revised Draft) stipulate that the proportion of housing provident fund of workers and units should not be less than 5%, not higher than 12%.
Since February 21, 2016, the interest rate of the housing provident fund account deposit has been adjusted to a unified one year benchmark interest rate, and the interest rate has been raised by 1.50%.
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