Can the former company owe the new company social security?

The former company owed social security, and the new company can pay social security for its employees normally. Employee social security payment records are managed by social security agencies and have no direct relationship with specific employers. Even if the original company owes social security, the new company still has the obligation and responsibility to pay social security for employees in accordance with state regulations.

First, the situation that the former company owed social security.

When an employee leaves his former company, if the former company owes social security, the employee's social security account will display the corresponding arrears record. But this will not affect employees' social security contributions in the new company.

Second, the new company's social security payment obligations

As an employer, the new company shall register social security for its employees in accordance with state regulations and pay social security fees in full and on time. The social security payment of the new company has nothing to do with the arrears of the original company, and it is the legal responsibility of the new company independently.

Third, the protection of employees' social security rights and interests.

The social security rights and interests of employees are protected by national laws. Even if the original company fails to pay social security, employees can still enjoy corresponding social security benefits, such as medical insurance and endowment insurance, after the new company pays social security normally.

Fourth, the way to deal with the failure of the former company to pay social security.

For the social security fees owed by the former company, employees can complain to the social security agency and ask the former company to pay them back. At the same time, employees can also report to the labor inspection department to safeguard their legitimate rights and interests.

To sum up: the failure of the original company to pay social security will not affect the normal payment of social security for employees by the new company. The new company handles social security registration for employees in accordance with state regulations, pays social security fees and protects employees' social security rights and interests. Employees can safeguard their legitimate rights and interests by complaining to social security agencies and labor inspection departments.

Legal basis:

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

Article 58 provides that:

The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Article 60 provides that:

The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.

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) (China) Labor Contract Law

Article 72 provides that:

The social insurance fund shall determine the source of funds according to the types of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.