Provident fund is one of the legitimate rights and interests of employees, and the employer shall pay the provident fund in full for employees in accordance with state regulations. If the park provident fund is stopped, it means that the employer has not paid the provident fund in full within the time limit agreed in the contract, which is against the law. Therefore, employees can use it as one of the basis for the employer's breach of contract and ask the employer to pay back the provident fund. When employees request to pay back the provident fund, they can submit a written application to the employer, and attach relevant supporting materials, such as payroll and provident fund payment vouchers. If the employer refuses to pay the provident fund, the employee can complain to the local labor inspection department, and the supervision department will coordinate the two parties to resolve it through consultation. If negotiation fails, employees can bring a lawsuit to the people's court and safeguard their legitimate rights and interests through legal means. It should be noted that it is necessary to pay attention to the application time when requesting to pay back the provident fund. Generally, within one year after the termination of labor relations, employees' demands can be rejected after this time. In addition, employees should pay attention to the sufficiency and objectivity of evidence when requesting to pay back the provident fund, so as to enhance the chances of winning the case.
What if the employer does not exist or has gone bankrupt? If the employing unit does not exist or has gone bankrupt, the employees may apply to the court for labor arbitration, and the labor arbitration committee will decide whether to apply to the National Provident Fund Center for hosting the provident fund. The custody period is the amount of provident fund paid in the last five years, and the custody fee is paid by the National Provident Fund Center in advance. If the employer still fails to pay the provident fund in full, the employees may apply to the people's court for compulsory execution.
The suspension of the provident fund in the park means that the employer has violated the law. Employees should ask the employer to pay the provident fund in accordance with relevant laws and regulations and safeguard their legitimate rights and interests through legal means. When dealing with such problems, employees should uphold the principle of good faith, keep relevant evidence, complain or sue to relevant departments in time, and safeguard their labor rights and interests.
Legal basis:
Article 620th of General Principles of Civil Law of People's Republic of China (PRC), the buyer shall inspect the subject matter according to the agreed inspection period upon receipt. If there is no agreed inspection period, it shall be inspected in time. Article 621 Where the parties agreed on the inspection period, the buyer shall notify the seller of the non-conformity of the quantity or quality of the subject matter within the inspection period. If the buyer fails to give notice within the time limit, it shall be deemed that the quantity or quality of the subject matter conforms to the agreement. If the parties have not agreed on the inspection period, if the buyer finds or should find that the quantity or quality of the subject matter is not in conformity with the agreement, it shall notify the seller within a reasonable time. If the buyer fails to notify the seller within a reasonable period of time or fails to notify the seller within two years from the date of receiving the subject matter, it shall be deemed that the quantity or quality of the subject matter conforms to the agreement; However, if the subject matter has a quality guarantee period, the quality guarantee period shall apply, and the two-year period shall not apply. If the seller knows or should know that the provided subject matter is not in conformity with the agreement, the buyer is not limited by the notice time stipulated in the preceding two paragraphs. Article 622 If the inspection period agreed by the parties is too short, and it is difficult for the buyer to complete the comprehensive inspection within the inspection period according to the nature and trading habits of the subject matter, this period shall only be regarded as the time limit for the buyer to raise objections to the appearance defects of the subject matter. If the agreed inspection period or quality assurance period is shorter than that stipulated by laws and administrative regulations, the provisions of laws and administrative regulations shall prevail.