Job Recruitment Website - Social security inquiry - How long is the litigation period for recovering social security?
How long is the litigation period for recovering social security?
The company's failure to pay social security is a labor dispute between workers and the company. Employees should apply for labor arbitration before suing. The time limit for arbitration of labor arbitration is one year, counting from the day when employees know or should know that they have not paid social security, and the time limit for the labor department to recover social security is two years.
The reimbursement process of social security and medical insurance is as follows:
1, medical insurance, whether for urban workers or urban residents, must be hospitalized in accordance with the local designated medical institutions approved by the local medical insurance institutions;
2. If you need to go to other medical institutions for treatment, you need to issue a referral certificate to the local community hospital or community health service center or designated medical institutions;
3. If you are hospitalized in a local medical insurance designated medical institution, the hospital will automatically deduct the medical insurance reimbursement for you when you check out;
4, in the local medical insurance designated treatment but not hospitalized, or radiotherapy, chemotherapy, etc. In hospitals that are not reimbursed, you can bring the official invoice, medical diagnosis, medication list, social security card or medical card issued by the hospital to the medical insurance window of the local administrative service center for reimbursement;
5. Those who have been treated in other medical institutions and have a referral certificate must submit all the treatment invoices, hospital diagnosis certificate, hospitalization certificate, ID card, social security card, medication list and medical records to the medical insurance window where the household registration (medical insurance) is located before 65438+February 3 1 every year.
6. If you don't have a referral certificate or go to a different place to see a doctor directly (sometimes it's urgent or too far to issue a referral certificate in time), you need to issue a residence certificate in the community where you live, such as renting here or living with your children. When submitting the reimbursement, bring all the materials in step 5, plus proof of residence.
To sum up, if an individual finds that there is a problem in social security payment when enjoying social security benefits, he can complain or bring a lawsuit to the social security agency within two years of paying social security fees. Missed the time limit for litigation, unable to recover social security through legal means.
Legal basis:
Article 27 of the Labor Dispute Mediation and Arbitration Law
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.
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