What should I do if the employer fails to pay social security for employees according to law and exceeds the arbitration period?

Our country insists on students' employment first, and the second is to ensure that more entrepreneurs are encouraged to start businesses and start companies to attract more students' employment. Only when the business operation is stable can the company consider the issue of insurance for its employees. But in many places, it is best to use administrative orders to correctly guide employers to pay social security for employees. This administrative order mainly includes that enterprises can't sell without paying social security, goods can't enter the catalogue of government procurement documents, can't participate in government project bidding, and the legal representative of enterprises can't be elected as NPC deputies and CPPCC municipal Committee members and be evaluated. If you set up a company, you need to pay social security, otherwise you will not issue a business license, which is likely to stifle a group of entrepreneurs, and many people will feel that the business environment in this place is not good.

If the employee has resigned, this deadline is crucial. If he resigns for more than one year, the labor dispute arbitration will no longer be tried; For more than one year and less than two years, you can bring a lawsuit; After more than two years, employees still have the right to file a lawsuit, but they lose the right to win the lawsuit.

In reality, due to the weak publicity and guidance of relevant departments on labor laws and regulations, many employees don't know much about labor laws and regulations and have no idea that their legitimate rights and interests have been violated.

For example, at the level of personal social security, some employers say to employees: give you more salary and don't give you social security. Employees don't know the harm of not paying social security, so they agree with the employer's practice.

A few years later, people left their jobs long ago and realized that the lack of social security had caused great losses to themselves. If they want to protect their rights through law, the statute of limitations has long passed.

It is no exaggeration to say that we can often see similar things in our daily life.

In our country, only those who damage national sovereignty will be prosecuted indefinitely.

Labor and social security industries are related to the legitimate rights and interests of employees. People's interests are above everything else. In view of the incident that damages the rights and interests of workers, it is suggested that the relevant departments cancel the limitation period of action. As long as employees can provide direct evidence, both labor dispute arbitration and court should try it!

1. Compensation for the parties: 1, which can only be handled through consultation with the employer;

2. In China, if there is a labor dispute between employees and units, they must first apply for arbitration;

3. Only those who are dissatisfied with the arbitration results can bring a lawsuit to the relevant court, but not directly to the court (whether there is a statute of limitations or not).

Second, in the relevant provisions of China's Labor Arbitration Law: Article 27 The time limit for applying for labor arbitration in labor disputes is one year. The limitation period of arbitration shall be counted from the date when the victim knows or should know that his control right has been violated.

The limitation of arbitration stipulated in the preceding paragraph shall be terminated because one of the parties claims rights, or claims rights relief from the superior, or the parties are willing to exercise their rights. From the time of termination, the limitation period of arbitration shall be recalculated.

Due to force majeure or other formal reasons, the defendant cannot apply for labor arbitration within the limitation period stipulated in the first paragraph of this article, and the limitation of action shall be suspended. Arbitration shall be recalculated within the limitation period from the date when the main reasons for interrupting the limitation period are eliminated.

During the period of labor relations, if an objection is raised because of the unpaid labor remuneration, the employee's application for labor arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be clearly stated within one year from the date of termination of the labor relationship.