How long is the prosecution period for unpaid social security?

The prosecution period for failing to pay social security is two years.

The time limit for prosecution by the labor security supervision department for violations of labor laws and regulations is two years; Labor and social security supervision departments have no right to manage illegal acts for more than two years unless the acts are in a continuous state. If the employer fails to pay social security, the employee may apply for labor dispute, and the limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

Social security processing flow:

1, prepare the account opening materials, and go to the local social security bureau to open an account, usually through the account opening service window of the social security bureau. The required materials include: business license 1 copy (with official seal), organization code certificate 1 copy (with official seal), double-sided ID card of legal representative 1 copy (with official seal), bank account opening permit 1 copy (with official seal) and 2 social insurance registration forms; All the above information is submitted to the Social Security Bureau, and the staff of the Social Security Bureau will enter the information into the system and issue a social insurance registration certificate on the spot;

2. Go to the Social Security Bureau to get the employee social security declaration and approval form. Fill in the personnel registration form of the social insurance insured unit, and let the company legal person sign it. Then both forms are stamped with the official seal of the company and taken to the verification window of the social security bureau. The staff will give you the social insurance premium declaration verification form;

3. Go to the local tax bureau to change the tax payment certificate. It seems that if you get the social security fee declaration and approval form, you can pay directly in cash, or swipe your card, or go to ICBC to pay. "Social insurance declaration and approval form" in duplicate. The first copy is sent to the local local tax bureau with the official seal, and the second copy is kept by itself. If your company is newly established and has not been registered with the local taxation bureau, it is impossible to change it to the tax payment book now. You need to follow the process to complete the registration before you can change it. First you have to register tax, and then you have to register social security.

4. Pay at the bank where the company opens an account. To open an account in the company, you need to pay by tax bill. To be clear, the set of seals left by the company in the bank where the account is opened can be stamped on the tax payment form first. If you are not sure what stamp to stamp, you can take the company's stamp to the bank to stamp it on the spot, and finally the bank will return the first tax return for your own use.

To sum up, the labor security supervision department's prosecution period for violations of labor laws and regulations is two years; Labor and social security supervision departments have no right to manage illegal acts for more than two years unless the acts are in a continuous state. From the perspective of investigating the loss of social security benefits caused by the employer's failure to pay social security through labor arbitration, the limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

Legal basis:

Article 20 of the Regulations on Labor Security Supervision

Violation of labor security laws, regulations or rules has not been discovered by the administrative department of labor security within 2 years, nor has it been reported or complained, and the administrative department of labor security will no longer investigate and deal with it.

The time limit specified in the preceding paragraph shall be counted from the date of violation of labor security laws, regulations or rules; Violation of labor security laws, regulations or rules has a continuous or continuous state, counting from the date of its end.