The legal basis for requiring employers to pay back social security contributions

The legal basis for requiring an employer to pay back social security contributions is mainly derived from the Social Insurance Law of the People's Republic of China and relevant labor laws and regulations. These laws and regulations clearly stipulate the rights and obligations of employers and laborers in terms of social security payment, providing a legal basis for laborers to request employers to make up for social security payment.

The Social Insurance Law of the People's Republic of China (PRC) is the basic law of the social security system, stipulating the scope of social security coverage, the mode of payment, the standard of payment, and the enjoyment of benefits, among other basic contents. The Law clearly states that employers should pay social insurance premiums for workers, and that workers have the right to enjoy corresponding social insurance benefits. If an employer fails to pay social insurance premiums for a worker, the worker has the right to ask the employer to make up for it.

In addition, relevant labor laws and regulations also deal with social security issues. For example, the Law of the People's Republic of China on Labor Contracts stipulates matters such as the signing, fulfillment, alteration and termination of labor contracts, which also include the payment of social security. If the employer fails to pay the social security fees for the worker in the course of the labor contract, the worker can ask the employer to make up the payment according to the provisions of the Labor Contract Law.

Understanding the laws and regulations: First of all, workers need to understand the specific contents of the Social Insurance Law of the People's Republic of China (PRC) and related labor regulations, and clarify their rights and obligations.

Retaining evidence: Workers should retain evidence related to social security payments, such as pay stubs and certificates of social security contributions, to prove that the employer has failed to make social security payments as required.

Negotiating with the employer: Workers can negotiate with the employer and ask the employer to pay the social security fees. During the negotiation process, workers can put forward their claims and reasons, and show relevant evidence.

Seeking legal aid: If the negotiation with the employer is unsuccessful, the worker can seek legal aid, file a lawsuit with the labor inspection department or the court, and ask the employer to pay the social security fees.

Defending rights in accordance with the law: In the process of defending rights, workers should abide by the laws and regulations, defend their rights and interests through legal means, and avoid excessive behavior.

In summary: the legal basis for requiring employers to pay social security contributions mainly comes from the Social Insurance Law of the People's Republic of China and relevant labor laws and regulations. These laws and regulations clearly stipulate the rights and obligations of employers and laborers in social security payment, and provide a legal basis for laborers to request employers to make up for social security payment. In practice, workers should understand the specific content of the laws and regulations, retain relevant evidence, negotiate with the employer to resolve the issue, and seek legal assistance if necessary to safeguard their rights and interests through legal means. At the same time, the government and all sectors of society should also strengthen the social security system of publicity and education, improve the legal awareness of workers and rights protection ability, **** with the maintenance of social justice and stable development.

Legal basis:

The Social Insurance Law of the People's Republic of China

Article 63

If an employer fails to pay its social insurance premiums in full and on time, it shall be ordered by the social insurance premium collection agency to make payment within a certain period of time, or to make up the full amount.

If the employer fails to pay the social insurance premiums in full or on time, the social insurance premium collection agency may inquire into the deposit accounts of the employer's banks and other financial institutions; it may also 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 in writing the banks or other financial institutions where the employer holds accounts of the social insurance premiums to allocate the social insurance premiums. If the balance in the account of an employer is less than the social insurance premiums that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign an agreement on deferring the payment of the premiums.

If the employer fails to pay the full amount of social insurance premiums and fails to provide a guarantee, the social insurance premium collection agency may apply to the people's court for the seizure, attachment or auction of the property whose value is equal to the amount of social insurance premiums that should be paid, and use the proceeds of the auction to offset the payment of social insurance premiums.

Article 86

If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums within a certain period of time or to make up the full amount of social insurance premiums, and shall impose a late fee of five ten thousandths of a cent per day on the employer from the date of non-payment; if the employer fails to pay the premiums after the expiration of the period of time, the administrative department shall impose a fine of at least double and not exceeding triple of the amount of the unpaid premiums.