The company deducted the social security but did not pay what employees should do

When the company deducted the social security but did not actually pay, the employee should first understand the social security payment situation, communicate with the company to negotiate and ask for retroactive payment.

I. Understanding the social security payment situation

Employees should first understand whether the company actually deducted social security costs, and confirm the amount and time of the specific deductions. This can be done by checking pay stubs or communicating with the company's finance department to get the relevant information.

Second, communicate and negotiate with the company

After confirming that the company has not paid the social security fees, the employee should communicate with the company's human resources department or finance department to understand the reasons and make a request to make up the contributions. During the communication process, employees should remain calm, express their demands rationally, and keep the communication records as evidence.

Third, to the labor inspection department

If the company refuses to pay the social security or can't solve the problem, the employee can complain to the local labor inspection department. The labor inspection department will investigate the company's social security payment situation and take appropriate measures according to law. Employees should provide sufficient evidence, such as pay stubs and social security payment records, when filing a complaint.

Four: Seek legal aid

If an employee's rights are seriously violated, he or she can consider seeking legal aid. Employees can consult a lawyer to learn about their rights and viable legal avenues, and take appropriate legal action based on the lawyer's advice.

Fifth, pay attention to the protection of personal information and privacy

During the entire handling process, employees should pay attention to the protection of their own personal information and privacy, and avoid disclosure to unnecessary third parties.

In summary:

When the company deducts social security but does not actually pay the contributions, the employee should first understand the social security payment situation, communicate and negotiate with the company and ask for retroactive payment. If the company is unable to solve the problem, the employee can complain to the labor inspection department or seek legal assistance. Throughout the process, employees should pay attention to the protection of personal information and privacy.

Legal basis:

The Social Insurance Law of the People's Republic of China

Article 60 stipulates:

Employers shall declare and pay social insurance premiums on their own, in full and on time, and shall not suspend or reduce payment except for force majeure and other legal reasons. The social insurance premiums to be paid by employees shall be withheld and paid by the employer on behalf of the employee, and the employer shall inform the employee of the details of the payment of social insurance premiums on a monthly basis.

Article 63 stipulates:

If an employer fails to pay the social insurance premiums in full and on time, the social insurance collection agency shall order the employer to pay the premiums by a certain period of time or to make up the full amount. If the employer fails to pay the social insurance premiums in full or on time, the social insurance collection agency may inquire into the deposit accounts of banks and other financial institutions; it may also apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify in writing the banks or other financial institutions with which it has accounts of the allocation of social insurance premiums. If the balance of an employer's account is less than the amount of social insurance premiums that should be paid, the social insurance collection agency may require the employer to provide a guarantee and sign an agreement on deferred payment of premiums. If the employer fails to pay the full amount of social insurance premiums and does not provide a guarantee, the social insurance collection agency may apply to the people's court for the seizure, attachment or auction of the property whose value is equal to the social insurance premiums that should be paid, and the proceeds of the auction will be used to offset the payment of social insurance premiums.