Limitation of action for social security payment

Legal analysis: the limitation of action for social security payment is one year. Because the "complaint for supplementary endowment insurance" belongs to the civil case of labor dispute, the limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. Interrupted because one party claims the rights of the other party, or requests the right relief from the relevant department, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption.

Legal basis: Article 27 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law stipulates that the limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption. If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated. If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for 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 proposed within one year from the date of termination of the labor relationship.