Job Recruitment Website - Social security inquiry - You can ask the company to pay back the social security

You can ask the company to pay back the social security

You can ask the company to pay back the social security after leaving the company.

1, the employee has the right to ask the former employer to make up for the unpaid social insurance;

2, should be filed with the Labor Arbitration Commission within the one-year statute of limitations;

3, the employer is obliged to pay social security for the employee, including making up for the outstanding social security fees.

Social security rights and benefits:

1, the basic composition of social security: including pension insurance, medical insurance, unemployment insurance, work injury insurance and maternity insurance;

2, social security payment rules: by the employer and the employee **** the same in accordance with the statutory ratio, the specific proportion varies according to regional policies;

3, social security retroactive contribution conditions: if you find that the Social security payment is omitted, you can apply for retroactive payment within a specified period of time;

4, social security query: you can through the official website of the social security bureau, social security card self-service query machine or social security bureau window query;

5, the social security of the transfer and continuation of the social security: after the employee left the job, social security relationship can be transferred to the new work unit or individual to continue to pay;

6, social security entitlements Receiving: After reaching the legal retirement age, you can receive a monthly pension, and medical insurance can be used for reimbursement of medical expenses.

In summary, employees still have the right to ask their former employers to make up for unpaid social insurance costs after leaving their jobs, but they need to apply to the Labor Arbitration Commission within the one-year statute of limitations because employers have a legal obligation to pay social security for their employees, including making up for social security costs that are owed to them for various reasons.

Legal basis:

The Social Insurance Law of the People's Republic of China

Article 58

An employer shall, within thirty days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If it fails to register for social insurance, the social insurance administration organization shall approve the social insurance premiums it shall pay. Individual entrepreneurs without employees who voluntarily participate in social insurance, part-time workers who do not participate in social insurance with their employers, and other flexibly employed persons shall apply for social insurance registration with the social insurance administration organization. The State establishes a nationally unified individual social security number. Individual social security numbers are citizens' identity numbers.

Article 60

Employers shall declare and pay social insurance premiums on their own, in full and on time, and shall not defer or reduce payment except for force majeure or other legal reasons. The social insurance premiums to be paid by employees shall be withheld and paid on behalf of the employer, and the employer shall inform the individual of the details of the payment of social insurance premiums on a monthly basis. Individual industrial and commercial households without employees, and part-time workers who do not participate in social insurance with their employing units may pay social insurance premiums directly to the social insurance premium collection organization.

Article 63

If an employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay the premiums by a certain period of time or make up the full amount. If the employer fails to pay the social insurance premiums in full or on time, the social insurance premium collection agency may inquire into the deposit accounts of banks and other financial institutions; it may also 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 in writing the banks or other financial institutions where the account is opened to allocate the social insurance premiums. If the balance of an employer's account is less than the amount of social insurance premiums that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign an agreement on deferred payment of premiums. If the employer fails to pay the full amount of social insurance premiums and does not provide a guarantee, the social insurance premium collection agency may apply to the people's court for the seizure, attachment or auction of the property whose value is equal to the social insurance premiums that should be paid, and the proceeds of the auction will be used to offset the payment of social insurance premiums.