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Limitation of action for payment of social security
Lawyer Li Tieyan replied: Hello, I am glad to answer your legal questions about the limitation of social insurance litigation. 1. It is required to go through the social security formalities and pay the social security fee, with no time limit. Because it is a legal obligation for employers to handle social security procedures and pay social security fees for employees, it is against the mandatory provisions of the state for employers not to handle social security procedures and pay social security fees for employees, and the prescription system is not applicable. In addition, according to Article 1 (3) of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, if a worker brings a lawsuit to the court after retirement because of a dispute with the original employer who has not yet participated in the social insurance co-ordination, the court shall accept it. It can be seen that disputes arising from social security are not limited by time. Generally speaking, disputes arising from social security are more suitable to be handled as administrative organs, and administrative organs can certainly handle them without restrictions. So there is another way for you to complain to the labor inspection department and ask it to order the employer to go through the social security formalities, pay the social security premium, and give the employer some punishment. If the labor inspection department does not act or acts indiscriminately, you can take this as the defendant to bring an administrative lawsuit to the court.
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