Can you sue the company for failing to pay social security two years ago?

Can you sue the company for failing to pay social security two years ago?

According to relevant laws and regulations, the company should pay social insurance premiums for its employees. If the company fails to fulfill this obligation, employees can complain to the local labor inspection department or social security agency and ask the company to pay social insurance premiums. If the company fails to pay the social insurance premium in full and on time, the employee may terminate the labor contract and ask the company to pay economic compensation. However, according to the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes, if an employee files a lawsuit after leaving his job for more than one year, he may face the risk of losing the case.

To sum up:

Employees can sue the company for failing to pay social insurance premiums two years ago, but they need to provide relevant evidence to prove that the company failed to pay social insurance premiums in full and on time. If employees take more than one year to file a lawsuit, they may face the risk of losing the case.

Legal basis:

Article 72 of the Labor Law of People's Republic of China (PRC) stipulates: "Employers and workers must participate in social insurance and pay social insurance premiums according to law."

Article 38 of the Labor Contract Law of People's Republic of China (PRC) stipulates: "If the employer fails to pay social insurance premiums for the employees according to law, the employees may terminate the labor contract."

Article 46 of the Labor Contract Law of People's Republic of China (PRC) stipulates: "If the employee terminates the labor contract in accordance with the provisions of Article 38 of this law, the employer shall pay economic compensation to the employee."

Article 27 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law stipulates: "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. "