The former company's social security arrears cannot be paid in by the new company!

Faced with the problem that the former company's social security arrears caused the new company to fail to pay social security for employees, employees should first understand the social security arrears, negotiate with the former company to solve them, explain the situation to the new company, and seek legal assistance when necessary. Take reasonable and effective measures to ensure that their rights and interests are not harmed.

First, understand the situation of social security arrears

Employees should first understand the specific reasons and amount of social security arrears from the original company, and ask the original company to provide relevant certification materials. If the original company can't provide a clear explanation or proof, employees can complain to the labor inspection department and ask the original company to pay social security fees.

Second, negotiate with the original company.

Employees can negotiate with the original company to solve the problem of social security arrears, such as signing an agreement with the original company to stipulate that the original company will pay social security fees within a certain period of time. If the original company agrees to pay back, employees can provide relevant certification materials to the new company so that the new company can pay social security for employees normally.

Third, explain the situation to the new company.

If the original company refuses to pay social security fees or cannot contact the original company, employees can go to the new company to explain the situation and provide relevant supporting materials. The new company can handle social security payment procedures for employees according to the actual situation, or assist employees to complain to the labor inspection department about the original company.

Fourth, seek legal aid.

If the above methods can't solve the problem, employees can seek legal aid and safeguard their rights and interests through legal channels. For example, employees can sue the original company for paying social security fees, or ask the new company to bear the losses caused by the original company's default on social security.

To sum up:

Faced with the problem that the former company's social security arrears caused the new company to fail to pay social security for employees, employees should first understand the social security arrears, negotiate with the former company to solve them, explain the situation to the new company, and seek legal assistance when necessary. Take reasonable and effective measures to ensure that their rights and interests are not harmed.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 63 provides that:

If the employer fails to pay social insurance premiums in full and on time, the social insurance collection agency shall order it to pay or make up within a time limit.

People's Republic of China (PRC) labor contract law

Article 38 provides that:

If the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract.

Labor law of the people's Republic of China

Article 72 provides that:

Employers and workers must participate in social insurance and pay social insurance premiums according to law.