Job Recruitment Website - Social security inquiry - Is social security recovery a breach of contract?

Is social security recovery a breach of contract?

Legal analysis: I can participate in the payment of social security, but I haven't participated yet. If the column of "Payment Type" shows "Repayment (Normal)", there are generally two situations: first, the employer's bank account balance is insufficient, which leads to the failure of social security deduction, and later, after the employer has saved enough balance, the social security deduction is successful, but it is shown as repayment in the system; Second, the employer did not pay social security to the employees, but later returned it to the employees. The system showed that it was overdue.

Legal basis: According to Article 83 of the Social Insurance Law of People's Republic of China (PRC), it is illegal for an employer not to pay social insurance for its employees, and the employees have the right to complain to the local labor and social security department, which will order the other party to make up the payment within a time limit. If it fails to pay within the time limit, the relevant administrative department shall impose an administrative fine of more than 3 times the unpaid amount/kloc-0, and the employer shall not pay social insurance to the workers according to law. It has been in compliance with the provisions of the third paragraph of Article 38 of the Labor Contract Law of People's Republic of China (PRC), and it is legal for the employee to terminate the labor contract according to law. In this case, the employee's resignation is not a breach of contract.

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The above answer is only for the current information combined with my understanding of the law, please refer carefully!

If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.