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Can the social security of 20 years ago be recovered?
If the unpaid social security has continued until now, and the violation of labor security laws, regulations or rules has a continuous or continuous state as stipulated by laws and regulations, it can be recovered from the date of its end. However, if the unpaid social security status is corrected within three years, it can no longer be pursued, because the unpaid social security three years ago has exceeded the statute of limitations.
The limitation of action stipulated in China's Labor Security Supervision Regulations is two years, and it should be three years according to the newly revised Civil Code of People's Republic of China (PRC). Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
Consequences of enterprises not paying social security
1, administrative responsibility
According to Article 84 of the Social Insurance Law, if the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined more than one time and less than three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined.
2. Civil liability for compensation.
First of all, you should compensate for the loss of your pension. Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases stipulates that the people's court shall accept disputes arising from the failure of the employer to handle social insurance procedures for the workers and the inability of the social insurance agency to reissue them.
Refer to the above content: Baidu Encyclopedia-People's Republic of China (PRC) Civil Code
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