Job Recruitment Website - Social security inquiry - Employees are not restricted in restoring social security.
Employees are not restricted in restoring social security.
Legal analysis: there is a prescribed time limit. According to the provisions of China's labor law, if the employer and its employees fail to pay the old-age insurance premium as required, the statutory compulsory recovery period for employees is two years. If an employer violates labor laws, regulations or rules and is not discovered by the labor and social security department within two years, and has not been reported or complained, the labor and social security administrative department will no longer investigate and deal with it, that is, the behavior of failing to pay social security for more than two years is beyond the management authority of the social security department. The validity period of labor arbitration is 1 year, and the validity period of litigation is 2 years. If it's overdue, just ignore it. The unit's failure to pay social security has continued to infringe, and there is no limitation. If the employee fails to participate in social insurance due to the responsibility of the employer, and the employee requests the employer to pay social insurance premiums, he can support labor arbitration without restrictions. If the laborer fails to participate in social insurance for personal reasons and requires the unit to pay social insurance premiums, the labor arbitration will support the part within the limitation period, and the part beyond the limitation period will not be supported.
Legal basis: Article 72 of People's Republic of China (PRC) Labor Law determines the source of social insurance funds according to the types of insurance, and gradually implements social overall planning. Employers and workers must participate in social insurance and pay social insurance premiums according to law.
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