Understand the arrears: After discovering the arrears of the employer, the employee should first learn about the specific situation of the arrears from the employer or the social security department, including the amount, time, and reason for the arrears. This helps workers to clarify their rights and the actual status of their arrears.
Negotiate with the employer: After learning about the arrears, the employee can negotiate with the employer and request the employer to pay the arrears as soon as possible. If the employer agrees to pay the arrears, the two parties can sign a relevant agreement to clarify the time and amount of the payment.
Complain to the social security department: If the employer refuses to pay the arrears or is unable to get in touch with the employer, the employee can file a complaint with the local social security department. The social security department will investigate the arrears and take corresponding measures according to the actual situation.
Seek legal aid: If the rights and interests of the worker are seriously infringed, such as the employer maliciously defaulting on the retirement pension, etc., legal aid can be sought. Safeguard their legitimate rights and interests through legal means.
In the case of Mr. Li, who had worked for a company for many years, he should have enjoyed the corresponding retirement benefits after passing the approval after retirement. However, when he received his pension, he was told that the company was in arrears, which prevented him from paying his pension normally. Mr. Li first inquired about the situation with the company and learned that the company did have a problem of arrears. After negotiations with the company failed, he complained to the local social security department. After investigation, the social security department ordered the company to pay the arrears as soon as possible and repaid Mr. Li's pension.
According to the Social Insurance Law of the People's Republic of China, "the employer shall pay the basic pension insurance premiums in accordance with the proportion of the total wages of its employees stipulated by the state, which shall be credited to the basic pension insurance plan." At the same time, the Labor Contract Law of the People's Republic of China also clearly stipulates that "if an employer is in arrears or fails to pay labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law." "These laws and regulations provide a strong legal guarantee for workers to protect their legitimate rights and interests.
In the face of arrears, employees should remain calm and protect their legitimate rights and interests by understanding the arrears, negotiating with the employer, complaining to the social security department, and seeking legal assistance.