What happens if my employer doesnt pay my National Insurance?

What happens if I do not pay social security as an independent worker 2020

By Collective Bargaining Agreement or agreement, this allowance may be supplemented at the expense of the employer company up to a certain percentage of the salary that the worker receives when he/she is in active employment.    Therefore, it is necessary to check in the collective agreement and/or in the contract whether such supplement exists and the requirements and conditions for its collection.

The employee’s contribution base is €1,166.67 (€1,000 + €166.67 for the extra payments). The daily regulatory base is €38.89 as a result of dividing his contribution base by 30 days of contributions.

Therefore, the employer incurs a cost of €280 for the part he has to assume of the salary of the worker on sick leave, to which he has to add the cost of social security payable by the company, corresponding to that worker.

The amount of the daily subsidy is the result of applying 75% to the daily regulatory base from the day following the accident. This allowance is paid by the managing entity, mutual insurance company or collaborating company. The day of the accident is considered as the day of work, so the company pays it in full.

Consequences of not paying social security

Unlike the self-employed, i.e. those who have their own business, working for someone else is working “in a relationship of dependence” and in such cases the employment relationship must be registered, i.e. “formalized”. This is the fundamental obligation of the person who employs you and your basic right to “be in white”. It is considered basic because it is the first link in the chain of workers’ rights.

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The “blank work” or the registration of your work, gives you a certain guarantee at the moment of demanding the fulfillment of all the rights that you have for working for another/s, because it informs the State of the existence of such relationship. The State will be the one to mediate in case your rights are not respected or are only partially fulfilled.

Your working hours may not exceed 8 hours a day or 48 hours a week. This is because your rest is considered indispensable in order to be able to restart your work the following day in good physical and mental health. There is no inconvenience if it is less.

What can I do if I am not paid my salary in Colombia?

In other words, if an EPS has taken any action to achieve the payment of contributions by the employer or the independent worker, it can deny the payment of benefits. On the contrary, if it has not collected those periods, it must pay the benefits, since it accepted the employer’s or independent’s default.Contributory RegimeSocial ProtectionWhen does disaffiliation from the General Social Security Health System occur? Disaffiliation from the General Social Security Health System only occurs upon the death of the contributor or the beneficiary of the contributor. Contributory RegimeSocial ProtectionFrom when are the affiliates entitled to care by the EPS? The affiliates to the Contributory Regime are entitled to all the services of the Health Benefits Plan (not only to emergency care as it used to happen before), from the date of affiliation, the effective date of the transfer or mobility.

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Disability is not paid from the resources of the General System of Social Security in Health, when it originates in treatments for esthetic purposes or which are excluded from the Health Benefits Plan.

Judgment for non-payment of social security

Every worker has the right to receive remuneration for his work. In this sense, the law establishes that: “the liquidation and payment of the salary will be made punctually and documented on the agreed date and place or according to the uses and customs” (Law of the Statute of Workers – TRLET), but sometimes there are companies that do not pay their employees or do not do it in a timely manner, for whatever reason.

In this first case, the Ministry emphasizes first of all that in order for there to be a dismissal, some previous steps must be taken: the company must communicate in writing that the worker will no longer be part of the company, and the reasons for such decision as well as the date on which the dismissal will be effective must be stated. In the case of dismissal for objective reasons, the amount of the corresponding indemnity must be stated in the written communication and must be made available to the employee at the same time as the written communication is delivered, unless this is not possible, in which case the reasons for the impossibility of payment must be stated in the written communication. It is essential that the employee be given the letter of dismissal, otherwise the employee should continue to go to work, since, otherwise, the company could allege an abandonment of the job. To avoid the above, in the event that the employee is verbally dismissed and, therefore, is not allowed to go to work, he/she should send the company a letter by burofax requesting the ratification of the dismissal in writing. If this burofax does not receive a response from the company, it will constitute proof of the verbal dismissal for the employee in a dismissal proceeding.

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