HomeNEWSWhat happens to the lack of payment of INSS by the employer?

What happens to the lack of payment of INSS by the employer?

Currently, for the INSS contribution, the employer must deduct this amount from the employee’s salary, but consistently comply with all the rules so that the right to benefit is guaranteed to the company’s employee.

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But in the absence of this collection and in the absence of receipt for this fact, it can cause damage and problems with justice.

What this article covers:

Who collects the INSS employee or employer?

Through a Social Security tab, it is the employer’s responsibility to deduct this amount from the worker’s salary, so that the INSS contribution can be made.

The employee has no responsibility in this regard, since the discount is already made on the employee’s paycheck, that is, he does not even receive this money when the monthly salary is paid.

How long can the company delay the INSS?

There is no grace period for transferring the INSS of the employee. As soon as it is deducted from the payroll, this amount must be passed on. If there is no transfer in the way it is deducted, the employer may be subject to the Penal Code, in Law 168, which informs that the employer is subject to imprisonment of up to 2 or 5 years, in addition to a fine.

How to report a company for non-payment of INSS?

The most important proof for the company to be denounced is for the employee to have in his hands the documents that prove the employment relationship with that company, which would be his work card that needs to be duly signed.

As the CLT worker will be protected by the law that constitutes this insurance and for the benefit to be guaranteed, a labor claims lawyer may be asked to guide on how to act in the event of this type of inconvenient situation.

This act of non-payment of the INSS transfer is more common than one might think, since some people even receive the benefit, but in an amount that should be greater, but which, at the time of the INSS analysis, did not verify the payment of the transfer to the body in the determined time of general service.

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