Can I ask the company to pay social security after leaving the company?

Social insurance premium refers to the act of participating in various social insurances and paying insurance premiums. Generally speaking, it refers to paying social insurance premiums such as endowment insurance, medical insurance, employment insurance, work injury insurance and maternity insurance.

China's "Labor Law" and "Social Insurance Law" clearly stipulate that it is the legal obligation of the employer to pay social insurance for workers, which is obviously compulsory by the state, and the employer shall not refuse to undertake this legal obligation under any excuse or reason. If the social insurance premium is not paid in full and on time due to the reasons of the company, even if the employee leaves the company, the former employee can appeal to the relevant department and ask the former company to pay it back according to legal procedures.

If the employer fails to pay social security to the employee and causes losses to the employee, the employee may request the employer to compensate for the losses. If not, employees can complain to the labor inspection department or social security agency.

According to the Labor Law of People's Republic of China (PRC), employers and workers must participate in social insurance and pay social insurance premiums according to law. "People's Republic of China (PRC) Social Insurance Law" stipulates that the employer shall handle social insurance registration for employees within 30 days from the date of employment. 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.

In other words, employers and employees are required to participate in and pay social insurance in accordance with regulations. Even if employees and employers sign a so-called "agreement" not to participate in social insurance voluntarily, it has no legal effect. It is a legal obligation to participate in and pay social insurance. No matter the unit or the employees, they don't have to pay social security.

According to the law, if the payer fails to pay and withhold social insurance premiums in accordance with the regulations, the administrative department of labor security or the tax authorities shall order it to pay within a time limit; Fails to pay, in addition to repay the amount owed, from the date of default, an additional 2/1000 of the daily fines. Employers must pay social insurance for employees, which is a mandatory obligation in law and a legal obligation of both parties. Both parties in labor relations cannot negotiate flexibility.

Generally speaking, if the original employer fails to pay social security to the employee, the employee will complain to the labor inspection brigade or apply for labor arbitration within one year after leaving the company, and the corresponding authorities will accept it. Employees who leave their jobs for more than two years and ask the employer to pay social security again will not be accepted. Therefore, if employees find that the employer fails to pay social security for themselves according to law after leaving the company, they should protect their rights in time, but the time should not be too long.

To sum up, it is an obligation of employers and workers to participate in social insurance according to law, and this obligation cannot be arbitrarily changed or abandoned by employers and workers through agreement. It is hoped that both employers and employees can establish the awareness of the rule of law and the concept of abiding by the law and fulfill their obligations of participating in social insurance.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 58 of People's Republic of China (PRC) Social Insurance Law. The employing unit shall handle social insurance registration for employees within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration. The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.