Provisions on social security contributions before 2008

Legal analysis: After the implementation of the Labor Contract Law, social security before 2008 needs to be paid.

Social security payment refers to the interruption of social security payment for some reason and no payment in the middle months. Now, due to recruitment or other reasons, it is necessary to make up the part that has not been paid before, in order to obtain a complete social security period and ensure the normal identification of recruitment and settlement.

Under normal circumstances, the general unit can only make up for 2 months. If it takes longer, it has to be operated through some agencies.

If it is insured in the name of an individual, if it is missed, it can only be paid back, and five risks can be paid. If the unit does not declare (does not open an account), it can only pay the pension. If you want to pay it back after a period of time, you can find an agent to pay it back.

If the payer (excluding individuals and freelancers) fails to pay the employee's old-age insurance premium, he shall bring the following materials to the social security agency to handle the case payment of the basic old-age insurance premium:

1, employee file and endowment insurance manual;

2. Application Form for Paying Basic Endowment Insurance;

3. Labor contract, salary payment list, employee's monthly tax payment certificate, etc. ;

4. Other relevant materials.

Legal basis: Article 63 of People's Republic of China (PRC) Social Insurance Law. If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can 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 their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.