What if an enterprise defaults on social security and an individual cannot transfer it?

Contact the original unit as soon as possible to collect the arrears and transfer the social security relationship out in time.

Enterprise social security arrears cannot be transferred out. What should employees do? They can bring an administrative lawsuit to the Human Resources and Social Security Bureau of the original unit and ask the insurance collection agency to order them to pay or make up within a time limit. The original unit owed social security money, and the social security relationship could not be transferred, so it went to arbitration and the referee won the case and asked the court to enforce it. Looking for the court, the court said that there are no relevant laws and regulations and there is no enforcement ability.

For the social security relationship owed by the original unit, the following measures can be taken:

First, contact the original unit as soon as possible to collect the arrears and transfer the social security relationship out in time.

Second, if the original unit can't pay the arrears in time, it can apply to the social security agency to suspend the transfer. Through adjustment, the social security agency can temporarily not transfer out to complete the subsequent transfer of social security relations.

Three, if the original unit has arrears, can apply to the local social security agencies to reduce arrears, and timely transfer of social security relations.

4. If the original unit is unable to demand payment of the arrears, it may apply to the social security agency to suspend the transfer, and at the same time, it may also consider applying for advance payment of the arrears, and finally transfer the social security relationship.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: According to Article 86 of the Social Insurance Law of People's Republic of China (PRC): "If the employer fails to pay the social insurance premium in full and on time, the social insurance collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of five ten thousandths shall be added daily." Article 85 of the Social Insurance Law of People's Republic of China (PRC) stipulates that "if an employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be handled in accordance with the provisions of the Labor Contract Law of People's Republic of China (PRC)."