Job Recruitment Website - Social security inquiry - Can employees recover social security after leaving their jobs for three years?
Can employees recover social security after leaving their jobs for three years?
Legal analysis: employees can recover it within 2 years from the date of resignation. If the company fails to pay social security for more than 2 years, it will pay back from the date of violation; When the social security department brings a lawsuit, if the unpaid social security behavior ends for more than 2 years, it is beyond the time limit. In order to protect the rights of employees, the company still needs to pay social security if employees can provide proof of the situation beyond the time limit. After signing a labor contract with the employee, the employer shall pay social insurance for the employee. If the employee fails to pay social insurance, the employee can ask the employer to pay it back. The time limit for applying for labor arbitration is one year, so you can't apply for labor arbitration to pay social insurance after leaving your job for three years. Workers can file a civil lawsuit for payment, and the court will not apply the statute of limitations on its own initiative, but the employer has the right of defense because it has exceeded the statute of limitations.
Legal basis: Article 48 of the Labor Contract Law of People's Republic of China (PRC), if the employer dissolves or terminates the labor contract in violation of the provisions of this law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.
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