Is there a statute of limitations for recovering social security?

The time limit for prosecution by the labor security supervision department for violations of labor laws and regulations is two years; Labor and social security supervision departments have no right to manage illegal acts for more than two years unless the acts are in a continuous state. When the social security department sued, the unpaid social security behavior had ended for more than two years, so it was beyond the time limit. In order to protect the rights of employees, the company still has to repay overdue cases if employees can provide supporting materials.

Legal analysis

The recovery of social insurance is not limited by the two-year prosecution period because of its category. In view of the phenomenon that employers do not pay or pay social insurance in full in the current society, China has promulgated the Social Insurance Law and other relevant laws and regulations, and made the following provisions on the above behaviors: 1. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units. 2. 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. 3, in violation of labor security laws, regulations or rules, the administrative department of labor security has not been found within two years, nor has it been reported or complained, and the administrative department of labor security will no longer investigate and deal with it. The time limit specified in the preceding paragraph shall be counted from the date of violation of labor security laws, regulations or rules; It shall be counted from the date of continuous termination of acts violating labor security laws, regulations or rules. The employer's failure to handle social security formalities for employees and pay social security fees not only infringes on the personal interests of employees, but also infringes on the national interests, because part of the social security fees paid go into employees' personal accounts, and part of them go into the national social security fund as state property, so the prosecution of acts infringing on national interests is not limited by the time limit.

legal ground

Article 20 of the Regulations on Labor Security Supervision shall not be investigated and dealt with by the administrative department of labor security if the violation of labor security laws, regulations or rules has not been discovered by the administrative department of labor security within 2 years.

The time limit specified in the preceding paragraph shall be counted from the date of violation of labor security laws, regulations or rules; Violation of labor security laws, regulations or rules has a continuous or continuous state, counting from the date of its end.