Job Recruitment Website - Social security inquiry - Does the company have to pay the personal part of social security?

Does the company have to pay the personal part of social security?

When the company pays back the social security, the individual part can only be paid by the individual. For those who participate in the insurance in the name of individuals, if they do not pay the social security fee, they cannot pay it back. Late payment can only be made if the omission is caused by the employer. In this case, the individual needs to apply to the employer, and the employer will assist in the payment procedures.

Supplementary required materials:

1, employee file and endowment insurance manual;

2. Application Form for Paying Basic Endowment Insurance;

3. Labor contract, salary payment list, employee's monthly tax payment certificate, etc. ;

4. Other relevant materials.

To sum up, the personal part must be paid by the individual. If the company agrees to repay, no proof is needed. If the company does not agree to pay the overdue payment, it needs to appeal to labor arbitration and need a labor contract. If there is no labor contract, you need to prove that you are an employee of this unit.

Legal basis:

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

Article 58

The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Article 63

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. Under normal circumstances, the time limit for paying back insurance depends on the social insurance premium collection agencies and enterprises.