/kloc-can companies that leave after 0/5 sue if they don't pay social security?

I. Importance and obligation of social security payment

Social insurance is a social security system established by the state to ensure that citizens can get material help from the state and society in case of risks such as birth, old age, illness, death, disability and unemployment. For employees, social security is not only the protection of their labor rights and interests, but also an important guarantee for their future life. Therefore, it is the legal obligation of enterprises to pay social security for employees.

Two. Provisions on payment of social security after leaving office

According to the relevant laws and regulations of our country, after employees leave their jobs, the company should pay social insurance premiums for employees according to their actual working days and salary base until the end of the month when employees leave their jobs. If the company fails to pay social security for employees after leaving the company, then employees have the right to ask the company to pay back.

Third, the ways and means of employee rights protection.

When it is found that the company fails to pay social security for itself as required, employees can take the following ways and means to defend their rights:

1. Negotiate with the company: First, employees can communicate with the company and ask the company to pay social security fees. If the company agrees to make up the payment, the problem can be solved in time.

2. Complain to the labor inspection department: If the company refuses to pay the overdue payment or fails to negotiate, the employee can complain to the local labor inspection department and ask it to investigate and deal with the company's illegal behavior.

3. Initiate labor arbitration or litigation: If the processing result of the labor inspection department can't meet the demands of employees, employees can also choose to initiate labor arbitration or bring a lawsuit to the court, requiring the company to bear corresponding legal responsibilities.

Fourth, matters needing attention in the process of safeguarding rights

In the process of safeguarding rights, employees should pay attention to the following points:

1. Keep relevant evidence: employees need to keep relevant evidence such as labor contracts, payrolls and social security payment records with the company in order to prove their rights and interests in the process of rights protection.

2. Understand the legal provisions: employees need to understand the relevant laws, regulations and policies in order to put forward their own demands in the process of safeguarding rights.

3. Seek professional help: If employees are unfamiliar with the rights protection process or encounter difficulties, they can seek the help of lawyers or relevant institutions and get more professional guidance and support.

To sum up:

After the employee leaves the company, if the company fails to pay social security for him according to the regulations, the employee has the right to bring a lawsuit to the company. In the process of safeguarding rights, employees can negotiate with the company, complain to the labor inspection department or file labor arbitration or litigation to safeguard rights. At the same time, employees need to pay attention to retaining relevant evidence, understand the legal provisions, and seek professional help to ensure that their rights and interests are effectively protected.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 60 provides that:

The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.

Article 63 provides that:

If the employer fails to pay social insurance premiums in full and on time, the social insurance collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance collection agency may apply to the people's court to seal up, detain or auction the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction will be used to offset the social insurance premium.

People's Republic of China (PRC) labor contract law

Article 77 provides that:

If the legitimate rights and interests of workers are infringed, they have the right to ask the relevant departments to deal with them according to law, or apply for arbitration or bring a lawsuit according to law.