Entered the private sector in his 40s, retired at 60, no social security, whether the enterprise should be compensated?

Entered the private sector enterprises in his 40s, retired at the age of 60, no social security, whether the enterprise should be compensated?

40 years old into a private enterprise enterprises, has been working in a private enterprise units, but as a work unit, still did not pay our social security treatment, their own arrival at the retirement age of 60 years of age under the provisions of the situation before reacting to, and did not pay social security there is no way to receive monthly pension insurance treatment, and at this time, if the self again to want to pay social security, has been for 110,000, such a situation, can we strictly require ourselves to pay social security? In this case, can we strictly require their original work unit, to carry out a certain amount of economic compensation?

In fact, such a situation was commonplace in the past, but a friend beside me learned of a real case like that. Because the private enterprise enterprise is to the leadership of the work, so that the boss in order to maximize their own business income, usually he is willing to violate the requirements of the labor contract method, did not go to the employees to pay the social security, so that such a situation although the workers have been in the enterprise in the work, but due to the has not been involved in the personal social security, which in turn leads to the result is that even if you arrive at the age of retirement, but also to enjoy the pension pay treatment. This is common in some small and medium-sized private enterprises.

And before the 2018 social security tax reform, it is also very common. So that I understand through friends around, this is a real case is a 40-year-old laid-off workers, because of his previous state-owned enterprises after losing their jobs, that in this private enterprise enterprises have not been paying personal social security, close to 20 years, which led to the self of the cumulative contribution period is not enough to 15 years, and can not be for the retirement of the real case.

Then such a situation can not be based on labor dispute arbitration in other words, labor security supervision way to apply for processing? In fact, arriving at this age, you are unlikely to be able to ask their original work unit to pay the social security of their own harm is almost zero, of course, you do not have enough 15 years of cumulative contributions, you have to reach 15 years and above to be able to apply for retirement. So the impact on the individual is that you have to extend the retirement age, if you are more than the period of time, then it is very likely that I will be delayed time 5 years and more before you can retire.

For a considerable portion of the group, so he then did not create this urban pension insurance group, then I personally think that there is no need to create pension insurance, due to 15 years of contributions in many cities, it is still not possible to create the relevant social security account after the retirement age regulations, there is only the opportunity to participate in the urban and rural residents of the basic old-age pension insurance, and then a one-time supplemental contribution to carry out the 15-year cost, to be able to receive the monthly residents of the old-age pension insurance, and to be able to receive the monthly residents of the old-age pension insurance. The only opportunity to participate in the urban and rural residents' basic pension insurance is to make a one-time contribution to the 15-year cost, and to be able to receive the monthly residents' pension treatment, of course, this residents' pension is very low, so that we are not selected to participate in the urban and rural residents' basic pension insurance, according to their own specific circumstances and economic strength to determine.

But basically this situation according to the original work unit regulations to make up for the payment in other words, the contract to fulfill the obligations within the responsibility is a very difficult thing, according to my good friend elaborated on such a real case, and finally this thing is not following, whether you are under the labor security supervision or with labor dispute arbitration, are a certain time limit, and their own not pay the personal social security, that case the court is not the case. Personal social security, that the court is not to be directly accepted, so that the final result is that there is no follow-up, so my friend's view is that the employee can only swallow the consequences, and then pay the full amount to pay the difference in social security treatment.