According to the provisions of China's labor law, if the employer and its employees fail to pay the old-age insurance premium as required, the statutory compulsory recovery period for employees is two years. If an employer violates labor laws, regulations or rules and is not discovered by the labor and social security department within two years, and has not been reported or complained, the labor and social security administrative department will no longer investigate and deal with it, that is, the behavior of failing to pay social security for more than two years is beyond the management authority of the social security department. The validity period of labor arbitration is 1 year, and the validity period of litigation is 2 years. If it's overdue, just ignore it. The unit's failure to pay social security has continued to infringe, and there is no limitation. If the employee fails to participate in social insurance due to the responsibility of the employer, and the employee requests the employer to pay social insurance premiums, he can support labor arbitration without restrictions. If the laborer fails to participate in social insurance for personal reasons and requires the unit to pay social insurance premiums, the labor arbitration will support the part within the limitation period, and the part beyond the limitation period will not be supported.

The two-year recovery period of the social security law shall be counted from the date of violation of labor laws, regulations or rules, and from the date of the end of illegal acts if there are continuous illegal acts.

Enterprises need to prepare the following materials for employees to pay social security:

If the payer (excluding individuals and freelancers) fails to pay the employee's old-age insurance premium, he shall bring the following materials to the social security agency to handle the social security payment case of the basic old-age insurance premium:

1, employee file and endowment insurance manual;

2. Application Form for Paying Basic Endowment Insurance;

3, labor contract, salary payment schedule, etc. ;

4. Other relevant materials.

The process of paying social security for employees by enterprises:

1. The employer unloads the insured information of the employer and employees through the social insurance agency or social insurance online service platform and imports it into the enterprise management subsystem of the local social insurance information system;

2, the employer through the "social insurance information system enterprise management subsystem" input social security payment details;

3. After the employer completes the payment entry, export the social security payment offer document, print out the social insurance payment schedule and the basic medical insurance payment table in triplicate, and affix the official seal of the employer;

4. When the employee's social insurance relationship is interrupted due to the change of work unit during the insured period and needs to pay social insurance premiums for nearly three months, the employer can directly quote through the enterprise management subsystem of the social insurance information system and print the relevant social insurance payment list for declaration.

Legal basis: Article 62 of People's Republic of China (PRC) Social Insurance Law.

If the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the amount that should be paid shall be determined according to 1 10% of the amount paid by the unit last month; After the payment unit completes the declaration procedures, the social insurance fee collection agency shall make settlement in accordance with the provisions.

Article 63

If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.

Regulations on labor security supervision

Twentieth violations of labor security laws, regulations or rules have not been discovered by the administrative department of labor security within 2 years, nor have they been reported or complained, and the administrative department of labor security will no longer investigate and deal with them.

The time limit specified in the preceding paragraph shall be counted from the date of violation of labor security laws, regulations or rules; Violation of labor security laws, regulations or rules has a continuous or continuous state, counting from the date of its end.

Social insurance law

Article 4 Employers and individuals who pay social insurance premiums according to law in People's Republic of China (PRC) have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

People's Republic of China (PRC) Labor Law Article 72 The sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

Article 20 of the Regulations on Labor Security Supervision stipulates that the administrative department of labor security will not investigate and deal with any violation of labor security laws, regulations or rules if it has not been discovered by the administrative department of labor security within two years and has not been reported or complained. The time limit specified in the preceding paragraph shall be counted from the date of violation of labor security laws, regulations or rules; Violation of labor security laws, regulations or rules has a continuous or continuous state, counting from the date of its end. Article 27 of the detailed rules for implementation stipulates that if an employee thinks that the employer fails to pay social insurance premiums in full and on time and infringes on his social insurance rights and interests, he may request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law. The administrative department of social insurance or the collection agency of social insurance premiums shall deal with it in accordance with the Regulations on Labor Security Supervision and other relevant provisions.