Can the company refund the employee's overpaid social security?

Legal analysis: it cannot be returned.

When the employee reaches the statutory retirement age, the contract will be terminated naturally and the labor contract can no longer be signed. Because they have reached retirement age, that is, the legal age of incapacity, it is legal for enterprises not to renew labor contracts. And from the date of reaching retirement age, enterprises will no longer pay social insurance for employees, and social security departments will no longer accept social insurance for employees, because you have reached retirement age. You can only pay the part within 15 years. And because you have reached the legal age, it is not the responsibility of the company and there is no financial compensation.

After the expiration of the contract, the employee retires, and the original contract is terminated with retirement. If the enterprise needs these employees to continue to work in the company, it must be done in the form of retirement and reemployment, and an employment agreement can be signed.

Legal basis: Article 44 of People's Republic of China (PRC) Labor Contract Law shall terminate the labor contract under any of the following circumstances:

(two) workers began to enjoy the basic old-age insurance benefits according to law; "Regulations for the Implementation of the Labor Contract Law of the People's Republic of China" Article 21 The labor contract shall be terminated when the laborer reaches the statutory retirement age. Extended data:

Workers in enterprises and institutions owned by the whole people, party and government organs and mass organizations shall retire if they meet one of the following conditions.

(a) men over 60 years of age, women over 50 years of age, the cumulative length of service of ten years; (2) Men who have reached the age of 55, women who have reached the age of 45, and have worked for a total of ten years, engaged in underground, high altitude, high temperature, particularly heavy physical labor or other jobs harmful to health;

(3) Men who have reached the age of 50, women who have reached the age of 45, and have accumulated ten years of service are allowed to retire after being certified by the hospital and confirmed by the labor appraisal committee.