What should employees do if they find that social security has not been paid after leaving their jobs?

Employees need to go to the original unit to inquire about social security payment and keep relevant evidence.

First, the social security payment inquiry

After employees leave their jobs, they can go to the original unit to inquire about the social security payment. The original unit shall provide the social security payment records of employees during their employment, including payment time, payment amount and other information. Employees can also log in to the local social security department, official website or APP. If it is found that social security has not been paid, employees should immediately keep relevant evidence, such as social security payment records, salary slips, etc.

Second, ask the original unit to pay back the money.

If employees find that the original unit does not pay social security, they can try to negotiate with the original unit first. Workers can ask the original unit to pay social security, and ask the original unit to complete the payment procedures within the specified time. If the original unit agrees to repay the payment, the employee shall ensure that the payment is completed before going through the resignation formalities.

Third, complain to the local social security department.

If the original unit refuses to pay social security or cannot contact the original unit, employees can complain to the local social security department. Employees need to provide relevant evidence, such as social security payment records, salary slips, etc., to prove that the original unit did not pay social security. The social security department will investigate the complaint and deal with it according to the investigation results.

Fourth, seek legal aid.

If employees encounter difficulties in defending their rights, they can seek legal assistance. Employees can consult lawyers or apply for help from local legal aid agencies. Lawyers or legal aid agencies will provide legal advice according to the specific situation of employees to help resolve disputes.

To sum up:

If the employee finds that the social security has not been paid after leaving the company, he should inquire about the social security payment from the original unit in time and ask the original unit to pay it back. If the original unit refuses to pay back or can't contact the original unit, employees can complain to the local social security department. In the process of safeguarding rights, employees should keep relevant evidence, seek legal aid and safeguard their own rights and interests.

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 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:

Employers and workers must participate in social insurance and pay social insurance premiums according to law.

People's Republic of China (PRC) labor dispute mediation and arbitration law

Article 2 provides that:

This Law is applicable to the following labor disputes between employers and employees in People's Republic of China (PRC):

(1) Disputes arising from the confirmation of labor relations;

(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;

(3) Disputes arising from delisting, dismissal, resignation or resignation;

(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;

(six) other labor disputes as prescribed by laws and regulations.