The time limit for the prosecution unit to pay social security

The time limit for the prosecution unit to pay social security is two years.

1. Social security overdue prosecution is statute of limitations. Within two years, if there is no complaint or report of violation of laws and regulations, the labor and social security department will no longer investigate and deal with it; 2. The consequences of the employer's failure to pay social security are to compensate the workers for their social security losses, and the labor department has ordered them to pay back within a time limit; 3. If the violation of labor security laws, regulations or rules continues or continues, the limitation of action shall be calculated from the date of the end of the act; 4. If the laborer requests the unit to pay social insurance premiums, the limitation period for applying for labor arbitration is one year. If the employee refuses to accept the arbitration award, he can bring a lawsuit within fifteen days.

Calculation method of social security contribution:

1, base determination: determine the base payment according to the upper and lower limits of the social security payment base in the area where the individual is located, combined with the personal salary income;

2. Rate application: calculate the payable amount according to the local social security rates (pension, medical care, unemployment, work injury and maternity insurance);

3. Payment deadline: calculate the total payment months according to the time period of personal arrears;

4. Total amount calculation: calculate the total amount to be paid by combining the payment base, rate and overdue period.

To sum up, the limitation of social security payment is two years, and violations of laws and regulations need to be complained or reported within two years, otherwise the labor and social security department will not investigate and deal with them. If the employer fails to pay social security, it needs to compensate the workers for their losses and pay them within a time limit. If the illegal act is continuous or continuous, the limitation of action shall be calculated. If the laborer asks the company to pay the social security fee, he needs to apply for labor arbitration within one year. If he refuses to accept the arbitration award, he can bring a lawsuit within 15 days.

Legal basis:

Law on mediation and arbitration of labor disputes

Article 27

The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption. If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated. If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.