The company has stopped social security, but there are still debts to pay. Can individuals pay separately?

Units in arrears of social security, individuals may not pay separately, but can complain to the social insurance fee collection agency, which shall order them to pay within a time limit or make up for it.

Legal analysis

Social insurance refers to a social and economic system that provides income or compensation for people who lose their ability to work, are temporarily unemployed or suffer losses due to health reasons. The main items of social insurance include endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance. Social insurance is a kind of contributory social security. The funds are mainly paid by employers and workers themselves, and the government finances give subsidies and bear the ultimate responsibility. However, workers can only enjoy the corresponding social insurance benefits if they fulfill their statutory payment obligations and meet the statutory conditions. The employing unit shall pay social insurance for the employee when signing the contract with the employee, and obtain the social security registration certificate after opening the social security account. Units need to declare the correct social security payment base for employees every month to ensure the normal payment of social security. The payment base of social security is based on the average salary of employees in the previous year or the salary in the first month of employment. If the unit fails to pay the arrears and fails to pay the insurance premium in full and on time, it needs to pay back, while individuals can only pay together with flexible employees and can only pay medical insurance and endowment insurance, so the unit needs to pay back the arrears.

legal ground

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. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.