Job Recruitment Website - Social security inquiry - Require the company to pay social security

Require the company to pay social security

Legal subjectivity:

During the period of labor relations between employees and the unit, if the unit fails to pay social security to the employees, the employees may ask the unit to pay back. On-the-job employees can negotiate with the unit, and those who leave the company need to negotiate with the unit within one year after leaving the company and ask for remuneration. If negotiation fails, you can apply to the local labor inspection for labor arbitration and claim that the unit pays social security. According to the third paragraph of Article 6 of the Interim Provisions on Payment of Wages, the written records of employees' wages paid by employers can only be kept for more than two years for future reference. In other words, the employer has no legal obligation to keep wage records for more than two years. According to the first paragraph of Article 20 of the Regulations on Labor Security Supervision, if the violation of labor security laws, regulations or rules has not been discovered by the administrative department of labor security within two years, nor has it been reported or complained, the administrative department of labor security will no longer investigate and deal with it. This regulation can be interpreted as: if the term exceeds two years, even if the salary and overtime pay of the unit are insufficient, the unit will no longer bear the responsibility of being pursued by employees and being investigated by the labor department.

Legal objectivity:

Article 4 of People's Republic of China (PRC) Social Insurance Law Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights and interests records, and require social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.