Job Recruitment Website - Social security inquiry - After leaving the company, I found that the original unit missed paying social security.

After leaving the company, I found that the original unit missed paying social security.

If you find that the original unit has not paid social security after leaving the company, you can appeal to the relevant departments and ask the original unit to pay social security in accordance with legal procedures. The employer's failure to pay social security fees for the workers according to the regulations belongs to the category of labor disputes, and it is the legal obligation of the employer to pay social insurance for the workers.

The best way to protect your rights and interests is as follows:

1, collect relevant valid evidence.

(1) Evidence is the most basic work. You need to collect valid proof of your work in the company at this stage, such as the labor contract or payroll signature signed with the company, to prove that you worked in the company during the period of unpaid provident fund and social security. This is the most important evidence and the basis of other evidence.

(2) Print the deposit voucher of the housing provident fund in the housing provident fund management center and affix the official seal of the housing provident fund management center.

(3) Print the social security payment list in the social security agency and affix the official seal of the social security agency. Make more copies of these evidence materials for future use.

2. Learning relevant laws and regulations is well-founded.

Study the Labor Law, Labor Contract Law, Social Insurance Law, Provisional Regulations on the Collection and Payment of Social Insurance Fees, Regulations on the Administration of the Declaration and Payment of Social Insurance Fees, Regulations on the Administration of Housing Provident Fund, and Law on Mediation and Arbitration of Labor Disputes. Find out which behaviors of the unit are illegal, and then find out which laws and regulations the unit violated and through which procedures to safeguard its legitimate rights and interests. That is, you have to know what you are doing before you can have a clear goal.

3. Take corresponding actions to safeguard their legitimate rights and interests.

It is a labor dispute that the employer fails to pay social security fees and housing provident fund for the workers according to the regulations. With the foundation of the first and second steps above, the third step will enter the specific processing stage of labor disputes.

legal ground

Article 50 of the Labor Contract Law: The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities of transferring the relationship between files and social insurance for the employee within 15 days. Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed. The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.

Article 63 of the Social Insurance Law of People's Republic of China (PRC), if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums.