Job Recruitment Website - Social security inquiry - How to make up for the break in the social security of employees leaving their jobs ah
How to make up for the break in the social security of employees leaving their jobs ah
2, the employee and the unit of labor relations during the survival of the unit did not pay social security to the employee, the employee can ask the unit to make up for the payment. In-service employees can negotiate with the unit, employees need to leave the unit within one year after leaving the negotiation, the demand for retroactive payment, consultation fails, you can apply for labor arbitration to the local labor inspection, claiming that the unit to make up for the payment of social security.
Employee social security contributions:
To date, there is no national level laws and regulations to define the number of years of retroactive contributions and rule-making. Enterprise senior manpower that employees requesting the unit to make up for social security contributions, from the date the worker knows or should know that the unit did not pay social security contributions for him or her can not exceed a maximum of two years.
Social security retroactive payment of wages original documents are how to stipulate?
To be provided by the replacement of the employee was replaced during the period of payroll and payroll accounting vouchers (stamped with the company's official seal and financial seal, the employee's retroactive payment of personal income tax records for the month (local tax printout, stamped with the company's financial seal).
Social security retroactive payment refers to the interruption of social security contributions due to some reason, the middle months did not pay, and now due to the recruitment or settlement of other reasons, the need to make up for the part that was not paid before, so as to obtain the complete social security time period, in order to ensure that the recruitment and settlement of the work of the normal recognition of the work and so on. Contributing units (excluding individuals, freelancers) omitted to pay employees' pension insurance premiums, should bring the following materials to the social security agencies to make up for the case of basic pension insurance premiums: employee records and pension insurance manual; "make up for the basic pension insurance premiums application form"; labor contracts, payroll schedules employees to make up for the month of the personal tax certificate, etc.; and other related materials
Legal basis
Social Insurance Law of the People's Republic of China
Article 16
Individuals who have participated in basic pension insurance and have made contributions for a total of fifteen years by the time they reach the legal retirement age shall receive a basic pension on a monthly basis. Individuals who have participated in basic old-age insurance and have contributed for less than fifteen years by the time they reach the legal retirement age may contribute until they reach the full fifteen years, and receive a basic pension on a monthly basis; they may also be transferred to the new type of rural social old-age insurance or to the social old-age insurance for urban residents, and shall enjoy the corresponding old-age insurance benefits in accordance with the provisions of the State Council.
Article 58
An employer shall, within thirty days from the date of employment, apply to a social insurance agency for social insurance registration for its employees. If it fails to register for social insurance, the social insurance administration organization shall approve the social insurance premiums it shall pay. Individual entrepreneurs without employees who voluntarily participate in social insurance, part-time workers who do not participate in social insurance with their employers, and other flexibly employed persons shall apply for social insurance registration with the social insurance administration organization. The State establishes a nationally unified individual social security number. Individual social security numbers are citizens' identity numbers.
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