Limitation of action for non-payment of social security by units

Legal analysis: the time limit for prosecution of non-payment of social security is one year, and the limitation period for arbitration is counted from the date when the parties know or should know that their rights have been infringed. If social security is not paid, we can ask the company to pay social security for us, but it must be within one year, because social security can only be paid within one year. The relevant laws and regulations that violate the laws, regulations or rules of labor security have not been discovered by the administrative department of labor security within 2 years, nor have they been reported or complained, and the administrative department of labor security will no longer investigate and deal with them. 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.

Legal basis: Article 20 of the Regulations on Labor Security Supervision violates labor security laws, regulations or rules, and the administrative department of labor security has not found it within two years, nor has it been reported or complained, and the administrative department of labor security will no longer investigate it. 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.

Article 27 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law stipulates that the limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. The limitation of arbitration stipulated in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption. If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated. If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.