Social security supplementary payment, the limitation limit is 3 years? The three major departments made their position clear
Preface. As the post-60s age group approaches retirement age, issues related to social security and pensions are in the spotlight. Some people, for various reasons, have not paid their social insurance contributions on time and now want to recover their contributions so that they can enjoy their old age in peace. Can an enterprise go through the procedures for the supplementary payment of social insurance for its employees? What is the deadline for retroactive payment? This article will introduce the views of the National People's Congress, the Supreme Court, the Ministry of Human Resources and Social Security (MOHRSS) and other departments on the deadline for making back social security contributions, as well as the different ways in which this issue is handled in different places. Let's dive into this important topic together.
The views of the National People's Congress (NPC).
The National People's Congress stressed that the social security system is the pillar of the socialist market economy, the pillar of a harmonious society, and the pillar of building a well-off society in an all-round way. With regard to the normalization of late payments, there was no specific time limit for recovery, emphasizing the need to take into account the specific circumstances in determining whether to deal with late payments retroactively. The aim is to ensure the full coverage of social insurance and to better protect the enrolled.
In practice, it is necessary to take into account the NPC's opinion on the statute of limitations, which, although it does not specify a time limit for appeal, means that it should be handled flexibly on a case-by-case basis. This gives more leeway in handling individual cases.
The attitude of the Supreme People's Court.
The Supreme People's Court has made it clear that the people's court will not support the failure to pay social insurance premiums within two years if it has not been discovered or dealt with. If the parties concerned can provide preliminary evidence of non-payment of social insurance premiums in accordance with the regulations, the people's court will require the social insurance agency to conduct an investigation and handling. The purpose of this position is to safeguard the authority of the social security system and to safeguard the legitimate rights and interests of the insured.
In specific cases, the Supreme People's Court has adopted a similar attitude towards the deadline for the payment of social security premiums, that is, it does not stipulate a clear time limit for appeal, but requires the social security department to conscientiously perform its duties to ensure the normal operation of the social security system.
The position of the Department of Human Services.
The Ministry of Human Resources and Social Security believes that the failure of enterprises to pay social security premiums damages the interests of insured persons, affects social harmony and stability, and increases financial pressure. Therefore, they attach great importance to the problem of arrears, promote the full recovery of social security, and guide all localities to do a good job. At the same time, the Ministry of Human Resources and Social Security will accept and handle complaints that exceed the prescribed recovery period in accordance with the law.
In practice, the position of the Ministry of Human Resources and Social Security provides clear guidelines for dealing with the problem of late payment fees, encouraging all localities to conscientiously perform their duties, safeguard the legitimate rights and interests of insured persons, and ensure the normal operation of the social security system.
Local Handling and Differentials.
Although the National People's Congress, the Supreme Court, the Ministry of Human Resources and Social Security and other departments have reached a consensus on the timeliness of collection and payment of social security premiums, due to the vast territory of China, the handling of social security premium disputes is not exactly the same in different places. In some places, such as parts of Zhejiang Province, social security premiums may be included in the scope of labor disputes and handled according to different statutes of limitations. Therefore, despite the guidance of the relevant authorities, you should still be aware of the local regulations and be prepared.
Summary. The issue of supplementary payment of social insurance is related to the legitimate rights and interests of the insured and to the stability and development of society. The statement of the National People's Congress, the Supreme Court, the Ministry of Human Resources and Social Security and other competent authorities on the non-filing of the appeal period for the payment of social security premiums has protected the rights and interests of those in arrears to a certain extent, and is also to meet the pension needs of citizens. However, there are differences in the treatment of the issue of supplementary payment in different places, which requires us to be cautious in practice to ensure the fairness and effectiveness of the system. Building a harmonious society and meeting the challenges of an aging society requires our joint efforts. May we support each other and move forward together in the process of social development.