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Replacement of social security can only make up for the pension insurance?
Legal analysis: the replacement of social security can only make up for the pension insurance, some places have such a provision. Pension insurance can only make up the December within, more than the need to provide arbitration or court judgment. The main purpose is to prevent the employee and the unit collusion, the social security forward to make up for the purpose of retirement. In most areas, you must make up for all of them, and you can't just make up for the pension insurance. The exception is for agricultural households, which can only make up for work-related injuries and medical care. Unemployment is generally with the pension a policy, the other three are mainly afraid of the unit to make up the payment, enjoy the time period related to the treatment of making up the payment. If the period of medical expenses, work injury, childbirth, will be accounted for by the local policy treatment, paid by the unit. Pension insurance interrupted, according to China's social insurance law, pension insurance participants to reach the legal retirement age, and the cumulative number of years of contributions to reach the minimum number of years to enjoy pension insurance treatment, so the pension insurance payment process is interrupted also does not matter, you can choose to make up or continue to pay pension insurance.
Legal basis: The Social Insurance Law of the People's Republic of China
Article 58 An employer shall, within thirty days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the employer fails to register for social insurance, the social insurance administration organization shall approve the social insurance premiums to be paid by the employer.
Article 63 stipulates that if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay the premiums by a certain date or to make up the full amount. In general, the period for making up insurance payments depends on the social insurance premium collection agency depending on the enterprise.
Article 8 of the Interim Provisions on Labor Dispatch of the People's Republic of China and the State of China, the labor dispatching unit has the obligation to pay social insurance premiums for the dispatched workers in accordance with the state regulations and the agreement on labor dispatching and to handle the procedures related to social insurance.
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