Job Recruitment Website - Social security inquiry - Shenzhen housing provident fund, social security recovery period

Shenzhen housing provident fund, social security recovery period

First, the Social Security Bureau only helps you recover for two years because it regards social security as a creditor's right relationship, so the limitation of action is two years, so it only helps you recover for two years, which is wrong. According to the Social Insurance Law of People's Republic of China (PRC), it is the legal obligation of the employer to pay social insurance for employees, and both the Labor Law and the Labor Contract Law have relevant provisions. It is illegal for employers not to pay social insurance for workers. As long as one day fails to pay social insurance, the employer's illegal state will exist, and workers have the right to ask the unit to pay back at any time. Therefore, the right to pay social insurance should not be limited by time. So you can recover that the company has not paid you any social insurance since you entered the enterprise.

Second, if the employer fails to pay social insurance for you according to law, you can unilaterally terminate the contract. The basis is Article 38 of the Labor Contract Law: If the employer has one of the following circumstances, the employee may terminate the labor contract: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. In this case, economic compensation can be obtained according to Article 46 1 of the Labor Contract Law. The standard is to pay one month's salary every year according to the number of years the laborer has worked in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, the employee shall be paid economic compensation of half a month's salary, according to Article 47 of the Labor Contract Law.

Third, if the unit terminates the labor contract illegally before the expiration of the contract period, it shall pay compensation according to the economic compensation mentioned in the second point, based on Article 87 of the Labor Contract Law.

Fourth, it is suggested to negotiate with the unit to solve the problem. If negotiation fails, apply to the local labor arbitration committee for labor arbitration according to law.