Job Recruitment Website - Social security inquiry - How many months can you make up for a broken social security payment?

How many months can you make up for a broken social security payment?

Legal analysis: 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 a number of agencies. Objectively speaking, social security can be paid after the break. But it depends on the specific local policy, and can not be generalized. Social insurance premium collection agencies shall collect social insurance premiums in full and on time in accordance with the law, and inform employers and individuals of the payment situation on a regular basis. If the employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums within a certain period of time or make up the full amount. If the employer fails to pay or replenish the social insurance premiums after the deadline, the social insurance premium collection agency may inquire into the deposit accounts of banks and other financial institutions; it may also 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 banks or other financial institutions with which it maintains accounts 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 fails to 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 amount of social insurance premiums that should be paid, and the proceeds from the auction shall be used to offset the payment of social insurance premiums.

Legal basis: The Social Insurance Law of the People's Republic of China

Article 2 The State establishes a social insurance system for basic old-age pension insurance, basic medical insurance, industrial injury insurance, unemployment insurance, maternity insurance and other social insurance, and guarantees the right of citizens to obtain material assistance from the State and society in accordance with the law in the event of old age, sickness, industrial injury, unemployment or maternity.

Article 3 The social insurance system adheres to the policy of broad coverage, basic protection, multi-level and sustainability, and the level of social insurance shall be commensurate with the level of economic and social development.

Article 4 Employers and individuals within the territory of the People's Republic of China*** and the State of China pay social insurance premiums in accordance with the law, and have the right to inquire about the records of payment of premiums and records of the rights and interests of individuals, as well as to demand that the social insurance administration agencies provide social insurance counseling and other related services.

Individuals enjoy social insurance benefits in accordance with the law, and have the right to supervise the payment of contributions for them by their own units.

Article 5: The people's governments at or above the county level shall incorporate the cause of social insurance into their national economic and social development plans.

The State raises funds for social insurance through multiple channels. The people's governments at or above the county level give necessary financial support to the social insurance cause.

The State supports the social insurance cause through preferential tax policies.

Article 58 An employer shall, within thirty days from the date of employment, apply to a social insurance agency for social insurance registration for its employees. If the employer fails to register for social insurance, the social insurance agency shall approve the social insurance premiums to be paid by the employer.

Individual industrial and commercial households without employees who voluntarily participate in social insurance, part-time employees who do not participate in social insurance with their employers, and other flexibly employed persons shall apply to the social insurance administrative organization for social insurance registration.

The State establishes a nationally unified individual social security number. Individual social security numbers are citizens' identity numbers.

Article 60 An employer shall declare and pay social insurance premiums in full and on time, and shall not suspend or reduce payment except for force majeure or other legal reasons. The social insurance premiums to be paid by employees shall be withheld and paid by the employer on behalf of the employee, and the employer shall inform the employee of the details of the payment of social insurance premiums on a monthly basis.

Individual industrial and commercial households without employees, part-time workers who do not participate in social insurance with their employers, and other flexibly employed persons may pay social insurance premiums directly to the social insurance premium collection organization.

Article 61 The social insurance premium collection agency shall collect social insurance premiums in full and on time in accordance with the law, and shall inform employers and individuals of the status of payment on a regular basis.