What should I do if my retirement unit owes social security?

Understand the relevant policies and regulations first, and then negotiate with the unit to solve them.

I. Understanding social security policies and regulations

Social security is a system established by the state to protect citizens' basic life, including endowment insurance, medical insurance and unemployment insurance. Units shall pay social security fees for employees in full and on time. If you find that your company is in arrears with social security, you must first understand the relevant social security policies and regulations in order to understand your rights and interests and coping strategies.

Second, negotiate with the unit.

After discovering that the unit is in arrears with social security, it can communicate with the unit and ask it to pay the social security fee. You can make a request to the unit in written or oral form, and keep relevant evidence. If the unit agrees to pay back, it can sign an agreement to stipulate the time and amount of payment.

Third, complain to the social security department.

If consultation with the unit fails, you can complain to the local social security department. You need to provide relevant evidence when you complain, such as salary slips and social security payment records. The social security department will investigate and verify, and ask the unit to pay the social security fee or take other measures according to the situation.

Fourth, seek legal aid.

If the unit refuses to pay the social security fee and the social security department can't solve it, you can consider seeking legal aid. You can consult a lawyer or legal aid agency to understand your legitimate rights and interests and ways to safeguard rights.

Verb (short for verb) brings a lawsuit.

If necessary, you can bring a lawsuit to the court and ask the unit to bear the responsibility of paying social security fees. In the process of litigation, it is necessary to provide sufficient evidence to support their own demands.

To sum up:

After retirement, if you find that your unit is in arrears with social security, you must first understand the relevant policies and regulations, and then negotiate with your unit to solve them. If negotiation fails, you can complain to the social security department or seek legal aid. You can bring a lawsuit when necessary to safeguard your legitimate rights and interests. In the whole process, it is necessary to keep relevant evidence for use when defending rights.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 63 provides that:

If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.

People's Republic of China (PRC) (China) Labor Contract Law

Article 38 provides that:

Under any of the following circumstances, the employee may terminate the labor contract:

……

(3) Failing to pay social insurance premiums for laborers according to law;