What should I do if I find that the company has not paid social security after leaving the company?

If the company fails to pay social insurance after leaving the company, it can report to the labor department or apply for labor arbitration to make up for it. If the general employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency will order it to pay or make up within a time limit.

Social insurance is a social and economic system that provides income or compensation for those who lose their ability to work, are temporarily unemployed or suffer losses due to health reasons. The main items of social insurance include endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance.

The process of applying for arbitration:

1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (commonly known as the Labor Bureau) and apply for labor arbitration. When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Industrial and commercial registration information of the employer;

2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then hold a hearing, and then mediate between the two sides. If mediation fails, the Arbitration Commission shall issue an award; Labor arbitration is generally closed within 60 days; If the employee refuses to accept the award, he can bring a lawsuit to the court within 15 days after receiving the award;

3. Professionals can be invited to provide remote guidance services instead of local lawyers to write labor arbitration applications, evidence lists and other legal documents. And during the application for labor arbitration, it will not delay the workers to work in the new unit.

To sum up, all labor bureaus have labor dispute arbitration tribunals. After receiving the written application for labor arbitration from employees, the Labor Bureau will promptly form an arbitration tribunal to conduct arbitration within 60 days. This kind of arbitration is similar to court proceedings, which requires the evidence and dialectics of both parties, and finally the arbitration tribunal makes the final decision. For the arbitration of the Labor Bureau, the enterprise has the obligation to fulfill the relevant provisions.

Legal basis:

Article 77 of the Labor Law of People's Republic of China (PRC)

In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration or bring a lawsuit according to law, or settle it through consultation.

The principle of mediation applies to arbitration and litigation procedures.

Article 79

After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.

Article 81

The labor dispute arbitration committee is composed of representatives from the labor administrative department, the trade union at the same level and the employing unit. The chairman of the labor dispute arbitration committee shall be a representative of the labor administrative department.

Article 82

The party requesting arbitration shall submit a written application to the labor dispute arbitration committee within 60 days from the date of occurrence of the labor dispute. The arbitration award shall generally be made within 60 days after receiving the arbitration application. If there is no objection to the arbitration award, the parties must perform it.

Article 83

If a party to a labor dispute refuses to accept the arbitration award, it may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. If one party neither brings a lawsuit nor performs the arbitration award within the statutory time limit, the other party may apply to the people's court for compulsory execution.

Article 84

Disputes arising from the signing of a collective contract cannot be resolved through consultation, and the labor administrative department of the local people's government may organize relevant parties to coordinate and handle them.

Disputes arising from the performance of the collective contract, if the parties fail to resolve through consultation, may apply to the labor dispute arbitration committee for arbitration; If you are dissatisfied with the arbitration award, you can bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award.