What are the provisions of the labor law on social security payment?

Legal analysis: the social insurance plan is organized by the government, forcing a certain group to use part of its income as social insurance tax (fee) to form a social insurance fund. Under certain conditions, the insured can get fixed income or loss compensation from the fund. It is a redistribution system, and its goal is to ensure the reproduction of material and labor and social stability. In China, social insurance is an important part of the social security system, occupying a core position in the whole social security system. In addition, social insurance is a contributory social security. The funds are mainly paid by employers and workers themselves, and the government finances give subsidies and bear the ultimate responsibility. However, workers can only enjoy the corresponding social insurance benefits if they fulfill their statutory payment obligations and meet the statutory conditions. Social insurance belongs to the national compulsory insurance, and any unit or individual that establishes labor relations must participate.

(1) Put forward your own requirements to the employer and ask the employer to pay all the endowment insurance premiums that you should pay;

(2) If the employer refuses, it can take the initiative to negotiate with the unit, or ask the trade union to reach a settlement agreement with the unit;

(3) If the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation;

(4) Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration;

(5) If you are dissatisfied with the arbitration award, you can bring a lawsuit to the court within 15 days from the date of receiving the award. While receiving old-age insurance, you can't continue to receive survivors' subsidies. According to the provisions of the Social Insurance Law on whether the testamentary allowance can be received at the same time as the retirement salary, the personal account pension has the nature of compulsory savings and belongs to individuals. If an individual dies (including before and after retirement), the pension balance in the personal account can be inherited. In case of death due to illness or non-work-related reasons, the survivors can receive funeral subsidies and survivors' pensions. Funeral allowance and survivor's pension are also part of the employee's pension insurance benefits. Those who are expelled from public office will no longer continue to enjoy all the previous welfare benefits. However, if you participated in the old-age insurance during your previous employment, you can transfer your life after you find a job and pay social security later, but most institutions do not participate in the old-age insurance.

Legal basis: People's Republic of China (PRC) Social Insurance Law.

Article 2 The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, so as to guarantee citizens' right to receive material assistance from the state and society in accordance with the law in case of old age, illness, industrial injury, unemployment and maternity.

Article 3 The social insurance system adheres to the principles of wide coverage, basic protection, multi-level and sustainability, and the level of social insurance should be compatible with the level of economic and social development.

Article 4 Employers and individuals who pay social insurance premiums according to law in People's Republic of China (PRC) have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.