Job Recruitment Website - Social security inquiry - The failure to pay social security in full can be traced back to several years ago.

The failure to pay social security in full can be traced back to several years ago.

One year. If the employer fails to pay social security, it is a labor dispute, and the limitation period for applying for arbitration is one year, counting from the day when the parties know or should know that their rights have been infringed. 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.

If the enterprise fails to pay social security for its employees in full, the employees can trace back to the termination date of the labor contract from the formal confirmation of the actual labor employment relationship or the start date of the labor contract. Under normal circumstances, the time limit for paying back insurance depends on the social insurance premium collection agencies and enterprises. No matter whether you sign a contract with the employer, you should pay social insurance. Paying social security is an obligation clearly stipulated by law.

The difference may be required to be paid by arbitration; Although there is no retrospective period for social security, the payment can only be 2 years; Re-signing the contract has nothing to do with paying back the money. As long as there is a labor relationship, social security should be paid.

If the enterprise fails to pay social security for its employees in full, the employees can trace back to the termination date of the labor contract from the formal confirmation of the actual labor employment relationship or the start date of the labor contract. Legal Basis for Implementing Certain Provisions of the Social Insurance Law of People's Republic of China (PRC) Article 2 When an individual who participates in the basic old-age insurance for employees reaches the statutory retirement age, if the accumulated payment is less than fifteen years, the payment may be extended to fifteen years. After the implementation of the Social Insurance Law, if the payment is extended for five years but still less than fifteen years, it can be paid in one lump sum for fifteen years. Article 3 Individuals who participate in the basic old-age insurance for employees who have paid less than 15 years after reaching the statutory retirement age (including extending the payment in accordance with Article 2) may apply for transfer to the new rural social endowment insurance or urban residents' social endowment insurance where their household registration is located, and enjoy the corresponding old-age insurance benefits. Individuals who participate in the basic old-age insurance for employees reach the statutory retirement age, and the accumulated payment is less than fifteen years (including the extension of payment in accordance with the provisions of Article 2), and have not been transferred to the new rural social endowment insurance or urban residents' social endowment insurance, individuals can apply in writing to terminate the basic old-age insurance relationship for employees. After receiving the application, the social insurance agency shall inform it in writing of its right to transfer to the new rural social endowment insurance or urban residents' social endowment insurance and the consequences of terminating the basic endowment insurance relationship for employees. After my written confirmation, I will terminate the employee's basic old-age insurance relationship and pay me the amount stored in my personal account in one lump sum.

The time limit for prosecution by the labor security supervision department for violations of labor laws and regulations is two years; Labor and social security supervision departments have no right to manage illegal acts for more than two years unless the acts are in a continuous state.

legal ground

People's Republic of China (PRC) labor dispute mediation and arbitration law

Article 27 The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption. If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated.

If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.