How to get back the social security paid by the unit?

Conclusion: Complain to the social insurance fee collection agency.

Analysis:

According to the Labor Law and relevant laws and regulations, workers have the right to receive labor remuneration and enjoy insurance benefits, and employers have the legal obligation to pay social insurance for workers. For labor disputes arising from the failure of the unit to pay social security fees to employees, employees can choose the following ways to protect their rights according to the actual situation:

First, complain to the social insurance fee collection agency and order the employer to make corrections. If the unit fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency can inquire about its deposit account in banks and other financial institutions and apply for transfer, including applying to the court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction can be used to offset the social insurance premium.

Second, the social insurance fee collection agency filed an administrative lawsuit for the defendant. If the employee complains to the social insurance fee collection agency and the social insurance fee collection agency refuses to handle it, the employee can file an administrative lawsuit for this administrative omission and request the court to order the social insurance fee collection agency to perform its duties, that is, to recover the social insurance fee owed by the defaulting unit.

The third is to apply for labor arbitration or prosecution. Laborers may apply for labor arbitration; If you are not satisfied with the arbitration award, you can bring a lawsuit.

Legal basis:

Article 86 of the Social Insurance Law

If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.

Article 83 of the Social Insurance Law 1

If the employing unit or individual thinks that the behavior of the social insurance fee collection agency infringes upon its legitimate rights and interests, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Article 83 (3) of the Social Insurance Law

Individuals and employers who have social insurance disputes may apply for mediation, arbitration and bring a lawsuit according to law.