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Social Security Replacement Regulations
I, social security retroactive provisions
Social security refers to a social insurance or protection mechanism, with mandatory, is the most basic protection of our citizens. However, in the process of social security payment, some people will for some reason interrupt the payment, but in order to obtain the complete social security time period, need to make up for the social security, such a situation is known as social security retroactive payment. Social security re-payment refers to the interruption of social security contributions due to some reasons, the middle months did not pay, and now due to the recruitment or settlement of other reasons, you need to make up for the part that has not been paid before, so as to obtain the complete social security time period, in order to ensure that the recruitment and settlement of other work is recognized normally. Under normal circumstances, the general unit can only do 2 months of retroactive payment, if you need a longer period of time had to be operated through some agencies. Each city's social security replacement process is different, there is no national standard, it is recommended that you can consult with the social security bureau of the social security participation, a detailed understanding of the individual social security replacement needs to meet what conditions, the individual social security replacement procedures are, etc. Foreign nationals in Beijing to make up for the payment of social security in the provision of payroll, labor contracts at the same time, for the first time, but also to increase the number of a certificate of taxpayers. For the inter-annual re-payment, in the provision of proof of tax payment, at the same time, all have to go through the administrative approval procedures. The relevant person in charge of the Social Security Administration said that the payroll vouchers, labor contracts and other supporting information is easy to fake, it is difficult to distinguish the authenticity. The new regulations require that must provide proof of tax payment, the certificate needs to be printed to the local tax bureau, stamped with the official seal of the tax department, it is generally difficult to fake. The individual social security contributions will be made according to the time limit of the time to make up the contributions by different departments. Repayment of the year, the social security center can be handled; make up across the year, that is, by the district and county human resources and social security bureau of pension insurance section to take over, into the administrative approval process, social security audit, labor inspection, fund supervision departments will be involved. And for the individual tax completion certificate requirements, more of the first to be applied in the inter-year contributions. Where the city has established a labor relationship with various types of employers, workers who have never participated in the past pension insurance or the past labor relations during the period of time there are still working years not to participate in the premiums. Which is applied for by the individual in accordance with the provisions of the article "on the appropriate solution to the issue of enterprise uninsured persons into the basic pension insurance for enterprise employees".
Second, the object of the one-time supplementary contribution
Where the city has established labor relations with various types of employers, the workers who have never participated in the pension insurance in the past or the past labor relations during the working life of those who have not participated in the insurance premiums. Which by the individual in accordance with the provisions of the "on the appropriate solution to the issue of uninsured enterprises into the basic pension insurance for enterprise workers" article to apply for.
In addition, the one-time contribution of the personnel also need to meet two conditions:
1, hold a local resident domicile;
2, its working years with the city of various types of employers to establish a labor relationship should be in July 1, 2011 before.
Time of one-time supplemental contribution: The starting time of application for one-time supplemental contribution by all types of people in the employing units shall be determined according to the time of the month in which the local basic pension insurance system for enterprise employees is implemented.
Legal basis:
The Social Insurance Law of the People's Republic of China
Article 63 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 by a certain period of time or to make up for them.
If the employer fails to pay the social insurance premiums in full or on time, the social insurance premium collection agency may inquire into the deposit accounts of banks and other financial institutions, and may apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify in writing the depositary banks or other financial institutions of the allocation of social insurance premiums. If the balance of an employer's account is less than the amount of social insurance premiums that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign an agreement on deferred payment of premiums. If the employer fails to pay the full amount of social insurance premiums and does not provide a guarantee, the social insurance premium collection agency may apply to the people's court for the seizure, attachment or auction of the property whose value is equal to the social insurance premiums that should be paid, and the proceeds of the auction will be used to offset the payment of social insurance premiums.
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