Job Recruitment Website - Social security inquiry - What should I do if the company fails to pay social security?
What should I do if the company fails to pay social security?
1, the unpaid social security benefits of the company are as follows:
(1) If the employer fails to pay social security, the employee may directly complain to the labor inspection department or the social security center;
(2) The employer fails to pay social security, resulting in medical expenses, maternity expenses, old-age insurance and other losses. Employees can apply for arbitration according to law and bring a lawsuit to the court.
The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.
2. Legal basis: Article 2 of People's Republic of China (PRC) Social Insurance Law.
The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, so as to guarantee citizens' right to receive material assistance from the state and society in accordance with the law when they are old, sick, injured, unemployed and have children.
Second, can the employer default on social security for labor mediation?
The employer's social security arrears can be settled through labor mediation. If the employer fails to pay social security to the employee, the employee may request to terminate the contract, and the employer shall make compensation, repay the unpaid social security fund and pay the overdue fine. For units that fail to pay social insurance premiums in full and on time, social insurance agencies can inquire about their deposit accounts in the employer's bank or other financial institutions.
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