When an employee leaves his job, he complains to the company, asking the company to pay the employee social security difference, and the individual pays the employee part, and refuses to bear it. What

When an employee leaves his job, he complains to the company, asking the company to pay the employee social security difference, and the individual pays the employee part, and refuses to bear it. What should the company do? During the period of labor relations between employees and the unit, if the unit fails to pay social insurance to the employees, the employees may ask the unit to pay back the social insurance. After the employer pays the social insurance premium, it shall notify the employees to refund the fees that the individual should pay to the unit. If the fee is not returned to the unit within the specified date, it shall directly apply for labor arbitration.

Legal analysis

If the staff can negotiate with the unit, the resigned person must negotiate with the unit to ask for social security within 2 years after leaving the company. If the dispute fails due to the confirmation of labor relations, working hours, rest and vacation, social insurance, welfare, training, labor protection, etc., you can apply to the local labor inspection agency for labor arbitration and ask the unit to pay social security. If the employer fails to declare the amount of social insurance premiums that should be paid in accordance with the regulations, the payer shall determine the amount that should be paid according to 1 10% of the amount paid by the unit last month, and the social insurance premium collection agency shall make settlement in accordance with the regulations. There are no specific laws and regulations on the payment period and provisions of social insurance for employees. If a worker asks his work unit to pay back social insurance, the longest period shall not exceed two years from the day when the worker knows or should know that the unit has not paid social insurance premiums. When employees pay social insurance premiums in the unit, they should make up the part paid by individuals as soon as possible.

legal ground

Article 3 of the Labor Law of People's Republic of China (PRC) stipulates that workers enjoy equal employment and employment choice, labor remuneration, rest and vacation, labor safety and health protection, vocational skills training, social insurance and welfare, labor dispute settlement and other labor rights stipulated by law. Laborers should complete labor tasks, improve their professional skills, implement labor safety and health laws and regulations, and observe labor discipline and professional ethics.

"People's Republic of China (PRC) Social Insurance Law" Article 77 The social insurance administrative department of the people's government at or above the county level shall strengthen the supervision and inspection of employers and individuals' compliance with social insurance laws and regulations. When the administrative department of social insurance carries out supervision and inspection, the employer and individual under inspection shall truthfully provide information related to social insurance, and shall not refuse to inspect or make false reports or conceal.