State-owned enterprises to pay back social security regulations

Supplementary payment should be given.

You can file a complaint with the local labor inspection department.

The following cases can be paid back

There are three types of cases in which an employer's workers should be insured but not yet insured:

1. Since the implementation of the reform of the basic pension insurance system for enterprise workers, within the scope of the former state-owned enterprises, collective enterprises, and enterprise-managed institutions for the formal recruitment and hiring procedures, and has the continuous service age stipulated by the state, and due to historical and objective factors, the workers (including labor contract workers) should be insured but not yet insured. (including labor contract workers) who should be insured but are not.

Applying in person and being declared by the unit, they can apply to the social security agency in the place where the original unit is located to apply for the procedure of making supplementary contributions to the basic pension insurance for employees.

If the applicant's original unit does not exist, the competent authority can fulfill the declaration procedures.

For former employees of state-owned enterprises, collective enterprises, and enterprise-managed institutions who have been insured, and who are in disagreement over the time of their participation in the workforce and the calculation of their continuous years of service, and who are required to make retroactive contributions to the basic pension insurance after being re-determined in accordance with the provisions of the regulations, they may be dealt with by referring to the above scope of application and declaration methods.

2. Employees who have established or in fact formed a labor relationship with the employer since January 1, 1996, and who should have been insured but have not been insured due to the employer's failure to fulfill its obligation to participate in and pay contributions in accordance with the law.

Whether it is the employer or the employee who files an application for premium payment, as long as there is no dispute over the labor relationship between the employer and the employee, the social insurance agency shall accept the application in accordance with the law.

3. Employees who have been judged by the labor and personnel dispute arbitration agency or people's court to have a labor relationship, and who should be insured but are not insured due to the employer's failure to fulfill its obligation to participate in the insurance premiums according to the law.

If an employer is required to insure its employees but fails to do so, either the employer or the employees may apply to the social security agency in the place where the employer is located to make supplementary contributions, and the social security agency shall accept the application in accordance with the law.

When a mediation agreement is reached between the employer and the employee through the arbitration agency for labor-management disputes or the People's Court, it can be handled with reference to the above methods.

Flexible employees who have interrupted their contributions

may apply to the social security agency for retroactive payment of their basic pension insurance premiums during the period of interruption of their contributions to the Flexible Employee Window.

Flexible employed persons who join the insurance for the first time or renew their basic pension insurance relationship for the first time in the flexible employed persons' window shall not increase the number of years of contributions by making up the basic pension insurance premiums forward, and shall not be qualified to receive monthly pension entitlements by making up the premiums in violation of the law.

The starting date for retroactive contributions for flexibly employed persons shall not be earlier than July 1, 2004.

People who left their jobs for normal reasons before the reform of the system

People who left their jobs for normal reasons before the reform of the pension insurance system for institutions and agencies shall participate in the basic pension insurance for urban employees and set up individual accounts for employees' pension insurance in accordance with the regulations from the month when they enter the workforce of an enterprise or engage in flexible employment.

The continuous service and related treatment of the above personnel in the institutions that conformed to the state regulations before they worked in enterprises shall be implemented in accordance with the provisions of the Circular on the Opinions on the Handling of Social Insurance Relationships of Employees Migrating between Institutions and Enterprises (Ministry of Labor and Social Affairs [2001] No. 13).

The above personnel, according to their own wishes, by themselves and the employer, the competent department application, reported to the Municipal Bureau of Human Resources and Social Security examination and approval, can also make up for the basic pension insurance premiums for the time of their original work in the institutions and agencies.

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