What should I do if the resigned employee asks to pay back the social security and the personal part is not returned to the company?

Legal analysis: you can complain to the social security department and ask the unit to pay back the social security. As for the evidence, as long as it can prove that I am an employee of the company, such as labor contract, salary slip and attendance record. Paying social insurance is the legal obligation of the employer, so whether employees leave their jobs or not, they can ask the company to pay social insurance. According to the relevant judicial interpretation in the Supreme People's Court, if the employer fails to pay social insurance to the employee, thus causing 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. In case of the above-mentioned judicial interpretation of the Supreme Court, it can be solved by applying for labor arbitration or litigation.

Legal basis: Article 38 of the Labor Contract Law of People's Republic of China (PRC) stipulates that the employee may terminate the labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

Article 58 of the Social Insurance Law of People's Republic of China (PRC), the employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.