Legal time limit for social security restoration

Employees have two years to restore social security. According to the relevant regulations, if the violation of labor security laws, regulations or rules has not been discovered by the administrative department of labor security within 2 years, nor has it been reported or complained, the administrative department of labor security will no longer investigate and deal with it. In judicial practice, we should not only consider the two-year limitation of social security, but also judge whether there is a continuous or continuous state of illegal activities to determine the limitation of labor security supervision and law enforcement. On the one hand, social security recovery belongs to the category of administrative collection and is not subject to the two-year limitation of administrative punishment.

legal ground

Article 20 of the Regulations on Labor Security Supervision shall not be investigated and dealt with by the administrative department of labor security if the violation of labor security laws, regulations or rules has not been discovered by the administrative department of labor security within 2 years. The time limit specified in the preceding paragraph shall be counted from the date of violation of labor security laws, regulations or rules; Violation of labor security laws, regulations or rules has a continuous or continuous state, counting from the date of its end.