Buy out the social security fund for laid-off workers

Legal analysis: "Buy-out length of service" has long been prohibited by national policies, and the legal essence of "Buy-out length of service" should be regarded as the economic compensation paid by enterprises to employees after the termination of labor relations between enterprises and employees.

Laid-off workers have paid 15 years and do not need to pay social security. If the number of years is not enough, they need to postpone the payment. If you meet the payment conditions, you need to repay.

Legal basis: Article 58 of the Social Insurance Law, the employer shall apply to the social insurance agency for social insurance registration for its employees within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.

The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.

Article 63 of the Social Insurance Law If an 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.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can 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 their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.