Job Recruitment Website - Social security inquiry - What should I do if the retirement age unit fails to pay the endowment insurance?
What should I do if the retirement age unit fails to pay the endowment insurance?
Negotiate with the unit. First of all, try to communicate with the unit, negotiate and pay endowment insurance, and assist in retirement procedures.
Complaints or reports. If the unit does not cooperate, it can complain or report to the social insurance management center, and the social security management department will intervene.
Delayed retirement. If the payment period is not much different, you can choose to postpone retirement and pay the old-age insurance premium year by year.
One-time payment. For employees with far different payment years, they can choose to pay the pension insurance premium for the remaining years in one lump sum.
Labor arbitration or court proceedings. If the unit refuses to pay the overdue payment, it may request the unit to compensate for the loss through labor arbitration, or it may apply to the court for compulsory execution after obtaining the effective judgment.
Pay in advance. If the unit does not cooperate, it can also make up the payment and go through the retirement procedures first, and then recover from the unit.
Please note that according to the law, participating in social insurance is the legal obligation of workers and employers and cannot be evaded through consultation.
The payment process of unpaid old-age insurance premiums to retirement age units is as follows:
1. Go to the social security agency for consultation: go to the local social security agency or call the social security hotline for consultation, and ask about the specific process and required materials for paying back the old-age insurance. They will provide you with accurate information and guide you on how to make up the payment.
2. Prepare relevant materials: according to the requirements of social security agencies, prepare relevant identity documents and records, such as identity cards, household registration books, payment vouchers, salary slips, etc. Make sure these materials are valid and consistent with your personal information.
3. Payment of arrears: Pay arrears in full and on time according to the overdue period and amount provided by social security institutions. Usually it can be done by bank transfer, cash payment or online payment.
4. Handling formalities: according to the requirements of the social security agency, fill in the relevant application form for overdue payment and submit the required materials. In the process of handling, it may be necessary to provide personal information confirmation and sign relevant documents.
To sum up, if the unit fails to pay the old-age insurance when it retires, it can bring a lawsuit to the people's court and demand compensation from the employer. The general solution is to complain to the labor department. After the arbitration institution is involved in the investigation and confirmed to be true, it will ask the employer to make up the unpaid social security fees. Even if the employer does not exist, it will find the relevant person in charge or shareholders of the unit to solve this matter.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 16 stipulates that
Individuals who participate in the basic old-age insurance will receive the basic old-age insurance monthly if they have paid at the statutory retirement age for fifteen years.
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