Cases of inability to repay social security compensation

In China, social security compensation is non-refundable, including exceeding the maximum validity period, surrender and so on. The employing unit shall pay in full and on time in accordance with the law, and shall bear corresponding legal responsibilities if it fails to perform its obligations.

According to the relevant laws and regulations, in China, enterprises should pay social insurance premiums for employees according to law, and give corresponding compensation when industrial accidents occur. However, in some cases, due to various reasons, the employer may not be able to make up the relevant social insurance, in which case compensation is needed. The situation that social security compensation cannot be repaid is complicated, mainly including the following situations: 1. Exceeding the maximum validity period: According to the provisions of the Social Insurance Law, enterprises should pay the social insurance premium of last month to the social security department before 15 every month. If the enterprise fails to pay within the specified time, it shall pay it back within 3 months. However, if the enterprise fails to complete the overdue payment after the prescribed overdue period, it may no longer make overdue payment. 2. Surrender has been handled: When an employee retires or leaves his job, the employer needs to handle the surrender formalities for him according to the regulations, also known as "surrender". If an enterprise has gone through the surrender formalities for its employees, it can no longer pay the relevant social security fees to the social security department. In the above circumstances, if the employer fails to pay the social security fees in full and on time according to law, it needs to bear corresponding legal responsibilities, including but not limited to paying the corresponding social security compensation.

If the enterprise can't pay social security, can employees get corresponding social security benefits? It depends on the specific situation. Generally speaking, if an enterprise fails to pay social security fees for its employees on time, but later completes the corresponding payment, then employees can get corresponding social security benefits. However, if the enterprise has been unable to repay, then employees will not be able to enjoy the corresponding social security benefits.

Enterprises and workers have corresponding rights and obligations in social security. Enterprises need to pay social security fees in full and on time according to regulations, and workers should also pay attention to their social security rights and interests and consult relevant issues with enterprises and social security departments in time.

Legal basis:

Article 93 of the Social Insurance Law of People's Republic of China (PRC), if an employer fails to pay social insurance premiums for employees participating in social insurance according to law, the social insurance agency shall order it to pay within a time limit, and impose a monthly fine of 5% of the overdue amount. If the employer fails to pay within three months, the social insurance agency may bring a lawsuit to the people's court.