After the employee left the company, the company bought an extra month's social security for the employee. Can he recover his personal contribution from the employees?

After the employee left the company, the company bought an extra month's social security for the employee, and it was impossible to recover the personal contribution from the employee. This is caused by the staff's mistakes. If the employee refuses to refund after consultation, only the staff and the unit will bear it.

Legal analysis

You can apply for labor arbitration through legal channels or explain the situation to the local social security department to see if there is any way to return the overpaid social security; According to relevant laws and regulations, the following disputes are labor disputes:

1. Disputes arising from dismissal, delisting, dismissal of employees, resignation and voluntary resignation of employees;

2. Disputes arising from the implementation of state regulations on wages, bonuses, insurance, welfare, training and labor protection;

3. Disputes arising from the performance of the labor contract. Including disputes arising from the performance, alteration, dissolution and termination of labor contracts;

4. Disputes arising from the performance of labor rights and obligations in the internal contract of the enterprise;

5. Disputes arising after the employee and the employer have not concluded a written labor contract but have formed a labor relationship;

6. Disputes with the original employer who has not yet participated in social insurance co-ordination on pension, medical care, industrial injury insurance benefits and other social insurance premiums;

Generally speaking, companies should continue to pay social security in the month when employees leave their jobs, but in fact, many companies do not pay social security according to law, which needs to be solved by legal means. Employees need to pay social security in the month when they leave.

legal ground

People's Republic of China (PRC) Law on Mediation and Arbitration of Labor Disputes Article 2 This Law is applicable to the following labor disputes between employers and employees in People's Republic of China (PRC): (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts; (3) Disputes arising from delisting, dismissal, resignation or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; (five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation; (six) other labor disputes as prescribed by laws and regulations.