The unit breaks social security after retroactive payment has an impact

The unit breaks the social security to pay back, for both employees and units have an impact.

I. Impact on employees

Social security is one of the basic rights and interests of the employees, the unit cut off the social security means that the employees have lost the corresponding protection for a period of time. Although the replacement of social security can restore the employee's social security rights and interests, it may have a certain impact on the employee's social security benefits. Specifically, the retroactive payment of social security may affect the employee's social security contribution period, the contribution base and the calculation of social security benefits.

Second, the impact on the unit

The unit breaks the social security is a violation of laws and regulations, need to bear the corresponding legal responsibility. Repayment of social security is not only a remedy for the rights and interests of employees, but also a manifestation of the unit's fulfillment of its legal obligations. However, making up the social security payment may increase the financial burden of the unit, especially if the amount of back payment is large or the time of back payment is long. In addition, the unit may face penalties from the social security department, such as fines and late payment fees.

Third, the procedures and requirements for making up social security contributions

When making up social security contributions, the unit needs to submit application materials to the social security department in accordance with the relevant regulations, including the application form for making up contributions, the list of employees, the contribution base, etc. The application materials will be reviewed and approved by the social security department. The social security department will review the application materials and determine the amount and time of the retroactive payment according to the actual situation. The unit is required to pay the appropriate fees as required to complete the retroactive contribution procedures.

Four, how to avoid the occurrence of similar situations

In order to avoid the occurrence of the unit of social security, the unit should strengthen the social security policy of learning and understanding, to ensure that the full payment of social security fees on time. At the same time, the establishment of a sound social security management system, standardize the social security payment process, to ensure that the rights and interests of the employees of social security is protected.

In summary:

The replacement of social security payment after the unit breaks the payment has a certain impact on both the employee and the unit. Employees may face changes in their social security benefits, while the unit will need to bear the legal responsibility and financial burden. In order to avoid similar situations, the unit should strengthen the study and understanding of social security policies and establish a sound social security management system. When paying back the social security, the unit needs to submit application materials in accordance with the relevant regulations and complete the procedures for paying back the social security.

Legal basis:

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

Article 63 stipulates:

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

The Law of the People's Republic of China on Labor Contracts

Article 38 stipulates:

If an employer fails to pay social insurance premiums for a worker in accordance with the law, the worker may terminate the labor contract.

The Provisional Regulations on the Collection and Payment of Social Insurance Premiums

Article 12 stipulates:

Contributing units and contributing individuals shall pay social insurance premiums in full in monetary terms. The social insurance premiums to be paid by individual contributors shall be withheld and paid on their behalf by their organizations from their own wages. Social insurance premiums shall not be reduced or exempted.