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Can I ask the company to pay social security after leaving the company?

Can I ask the company to pay social security after leaving the company? This is a problem that many workers may encounter after leaving their jobs. The answer to this question is not absolute, and it needs to be judged according to the specific situation and legal provisions.

First, the possibility of social security payment after leaving the company.

After the employee leaves his post, if he finds that the company has not paid the social security in full during his tenure, he has the right to ask the company to pay it back. Social security is the legitimate rights and interests of workers, and the company pays it in full according to law. Therefore, leaving the company does not mean that workers have lost the right to ask the company to pay social security.

Second, the conditions for companies to pay social security.

Workers need to meet certain conditions when asking the company to pay social security. First of all, workers need to provide sufficient evidence to prove that the company did not pay social security in full during the employment period. This can be obtained by querying social security payment records, payslips, etc. Secondly, workers need to make demands within the statutory limitation period, otherwise they may lose their rights because of exceeding the limitation period.

Third, how to ask the company to pay social security?

Laborers can ask the company to pay social security by consulting with the company, complaining to the labor inspection department or applying for labor arbitration. During the negotiation, workers can communicate with the company on specific issues such as the amount and method of payment. If negotiation fails, the laborer can complain to the labor inspection department, which will investigate the company and order it to repay. In addition, workers can also choose to apply for labor arbitration or bring a lawsuit to safeguard their legitimate rights and interests.

Fourth, matters needing attention

In the process of asking the company to pay social security, workers need to pay attention to the following points. First of all, we should remain calm and rational and avoid taking drastic actions. Secondly, we should fully understand the relevant laws, regulations and policies to ensure that our requirements are legal and compliant. In addition, workers need to pay attention to retaining relevant evidence for use when necessary.

To sum up:

Workers can still ask the company to pay social security after leaving their jobs, but they need to meet certain conditions and pay attention to related matters. When workers ask the company to pay social security, they should consult with the company first. If negotiation fails, they can seek legal channels to safeguard their legitimate rights and interests. In the whole process, workers should remain calm and rational and safeguard their rights according to law.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 63 provides that:

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.

People's Republic of China (PRC) labor contract law

Article 50 provides that:

The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for the workers within 15 days.