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Is there a time limit for claiming to pay social security?
Article 72 of the Labor Law stipulates: "Employers and laborers must participate in social insurance and pay social insurance premiums according to law." It shows that employers have the obligation to buy social insurance for employees, but we know that many units are lazy in fulfilling this responsibility in reality. According to the law, labor disputes have a statute of limitations, so how to stipulate the statute of limitations of social insurance premiums in labor disputes?
Article 12 of the Interim Regulations on the Collection and Payment of Social Insurance Fees (the State Council Decree No.259) stipulates: "Social insurance fees shall not be reduced or exempted." Article 13 stipulates: "If the payer fails to pay and withhold social insurance premiums in accordance with the regulations, the administrative department of labor security or the tax authorities shall order it to pay within a time limit; If it fails to pay within the time limit, in addition to paying the unpaid amount, a late payment fee of two thousandths will be charged daily from the date of default. " Article 26 stipulates: "If the payer refuses to pay social insurance premiums and late fees within the time limit, the administrative department of labor security or the tax authorities shall apply to the people's court for compulsory collection according to law." It is compulsory for employees to claim that employers pay social insurance premiums for them and should not be limited by time. Advocating this right is not only the "private right" of workers, but also the "public right" of the state. In other words, even if the laborer does not claim this right, the relevant state departments should force the employer to fulfill the payment obligation. It is precisely because the issue of paying social insurance premiums involves national interests, not just between employees and employers, so it cannot be defended on the grounds of statute of limitations. For such problems, the standard mastered in judicial practice is to pursue them to the end, requiring employers to start repayment from the date of employment.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.
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