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Social security arrears company does not pay what to do
1, negotiation to solve: first of all, try to negotiate with the company to see if you can reach *** knowledge to solve the problem of social security arrears.
2, within one year after leaving the job: if it is in the job to learn that the company did not pay for the social security, then you can negotiate with the company within one year after leaving the job to ask for retroactive payment of social security.
3, to the labor inspection department? Application: If the negotiation fails, you can reflect the situation to the local labor inspection department and ask for their assistance.
4, the tax department? Intervention: You can reflect the problem of unpaid contributions to the tax bureau (responsible for the collection of social insurance premiums) where the unit is registered for tax purposes, and the tax department will deal with the problem according to the law.
5, the legal way: if the above methods are unable to solve the problem, you can choose to solve the legal way, such as to the local labor arbitration department? Apply for arbitration, require the company to pay back social security, and may face the corresponding financial penalties.
Materials needed for the unit to pay back social security:
1, the unit needs to provide the application report to the social security agency to apply for employees to pay back social security.
2, the employee as well as a copy of the identity card of the operator.
3, signed by the employee himself to confirm the time period of the replacement of the contribution base details.
4, proof of labor relations between the employee and the unit of the labor contract or other supporting documents.
To summarize, when an employee discovers that the company has not paid the social security fees after leaving the company, he or she should communicate with the company and ask for retroactive contributions. If the company does not fulfill its obligations, the employee can file a complaint with the social security bureau and request the company to assume legal responsibility according to relevant laws and regulations.
Legal basis:
The Law of the People's Republic of China on Labor Contracts
Article 38
If the employer has one of the following circumstances, the worker may terminate the labor contract:
I. Failure to provide labor protection or labor conditions as agreed in the labor contract;
II. Failure to pay labor remuneration in full and on time;
I. Failure to provide labor protection or labor conditions as agreed in the labor contract;
II. labor remuneration in full and on time;
3. Failure to pay social insurance premiums for workers in accordance with the law;
4. The rules and regulations of the employer are in violation of the provisions of laws and regulations and are detrimental to the rights and interests of the workers;
5. The labor contract is invalidated due to the circumstances stipulated in the first paragraph of Article 26 of the present Law;
6. Laws and administrative regulations stipulate that the workers may terminate the labor contract under other circumstances. Other circumstances under which the labor contract may be terminated by the worker as stipulated by laws and administrative regulations. If an employer forces a worker to work by violence, threat or unlawful restriction of personal freedom, or if an employer commands or orders risky work in violation of regulations, endangering the personal safety of the worker, the worker may immediately terminate the labor contract without prior notice to the employer.
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