The company went bankrupt and social security was in arrears for 6 years.

Before the bankruptcy liquidation of the company, it is necessary to go to the local social security bureau to go through the formalities of stopping payment, and the social security of the employees on the job is in a state of stopping payment, and can only be transferred later. If the enterprise fails to go through the formalities of stopping payment before bankruptcy, it is in arrears and needs to be paid in the name of the unit before the social security can be transferred out or paid again.

First, the basic introduction of social security

Social insurance is the most important part of the social security system. Therefore, when discussing the history of social insurance, social insurance cannot be separated from social security.

Social insurance refers to the system that the state establishes a social insurance fund through legislation to give necessary material help to workers who participate in labor relations when they lose their ability to work or are unemployed. Social insurance is not for profit. Social insurance is mainly through raising social insurance funds, coordinating and adjusting social insurance funds within a certain range, and giving necessary help to workers when they encounter labor risks. Social insurance provides basic living security for workers. Workers can enjoy social insurance benefits as long as they meet the conditions for enjoying social insurance, that is, they have established labor relations with employers or paid various social insurance premiums according to regulations.

Social insurance is the core content of social security system. There are two milestones in the history of social security: first, Germany initiated the social security system during Bismarck's period; Second, in 1935, the United States established a perfect social security system and institutionalized social security, which had a great impact on the globalization of social security system after World War II. In the development of social security system, World War II was a watershed.

Generally speaking, the social security system before World War II may vary from country to country in terms of items, coverage and level of security, but the same thing is that social security only ensures that residents have the necessary means of subsistence. After World War II, social security entered another stage, and welfare countries appeared one after another, with Britain as the pioneer. In 1970s, the practice of social security system reform appeared in industrial countries.

Second, what about social security after the company goes bankrupt?

(1) According to the regulations, the payment of flexible employees should be made by myself or by the bankruptcy liquidation team at the end of bankruptcy liquidation with the consent of the workers' congress, before all the payment of flexible employees can be made.

(2) Due to the centralized bankruptcy of state-owned enterprises in this county, there are many unemployed people, and the accumulation of unemployment benefits is small. Financial difficulties cannot make all unemployed people enjoy unemployment benefits in time. The county government decided to enjoy it in stages. Those who have not received unemployment benefits will not be able to enjoy unemployment benefits after re-employment

(three) flexible employees should pay in time, not allowed to cross the year in arrears. In April this year, Luoyang Municipal Bureau of Human Resources and Social Security paid in full and on time to regulate flexible employees. Those who paid in the past were still paid according to their original units, and they were paid according to flexible employment after changing to flexible employment.

(4) If an enterprise fails to find employment in time after bankruptcy and fails to apply for self-employment, it can enjoy unemployment insurance benefits according to law if it meets the conditions of enjoying unemployment insurance benefits. After the bankruptcy of an enterprise, its original employees can be divided into three situations:

1. Some employees find new jobs in time before or after the bankruptcy of the enterprise and realize re-employment. These people can't enjoy unemployment insurance benefits;

2. When the state-owned enterprise goes bankrupt, some employees apply for self-employment, no longer retain the status of employees of the state-owned enterprise, and issue a one-time resettlement fee to this person, who can no longer enjoy unemployment insurance benefits;

3. Only after the bankruptcy of the enterprise, those who have neither re-employed in time nor applied for self-employment and meet the conditions of enjoying unemployment insurance benefits can enjoy unemployment insurance benefits according to law.

3. On the issue of arrears of social insurance,

Article 4 of the Social Insurance Law of People's Republic of China (PRC) stipulates that "employers and individuals in People's Republic of China (PRC) shall pay social insurance premiums according to law". Therefore, before the enterprise changes its social insurance relationship, the social insurance agency shall verify the social insurance premium it should pay according to law. Article 63 of the Social Insurance Law of People's Republic of China (PRC) stipulates: "If the employer fails to pay social insurance premiums in full and on time, the social insurance collection agency shall order it to pay or make up within a time limit." Therefore, the employer shall not require employees to bear the arrears.

Article 85 of the Social Insurance Law of People's Republic of China (PRC) stipulates that "if an employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be handled in accordance with the provisions of the Labor Contract Law of People's Republic of China (PRC)."

legal ground

Article 27 of the Labor Security Supervision Regulations, if an employer conceals the total wages or the number of employees when reporting the amount of social insurance premiums that should be paid to the social insurance agency, the administrative department of labor security shall order it to make corrections and impose a fine of not less than 0 times but not more than 3 times the total wages. Defrauding social insurance benefits