What is the reason why you are a regular employee of state-owned enterprises in that question? It's really puzzling that state-owned enterprises didn't handle social security for you. The only reason seems to be that you are not a staff member of a state-owned enterprise, otherwise you would still bring it up to now? The work permit at that time only showed that you had certain skills. As a proof of competence, temporary workers should also abide by it, which has nothing to do with the formal establishment of state-owned enterprises.
It seems that you haven't completely lost the number of years to pay social security, but around 1999, you worked in a state-owned enterprise temporarily. However, according to analysis, it is difficult for state-owned enterprises and individuals to pay social security premiums during this period, and social security agencies will not agree according to policies. To tell the truth, they can only resign themselves to fate. If this state-owned enterprise still exists, we can talk about it. The above personal views.
Before 1999, he worked in a state-owned enterprise (full-time employee, retired and resettled). I have more than 40 "state workers", mainly engaged in enterprise handling and assisting the workshop to do odd jobs; They are all pieceworkers (temporary workers) and have not signed labor contracts with enterprises. The names of these people cannot be found in the register of registered employees of enterprises; The local system bureau and the labor bureau also don't have file bags of these people, that is, the payroll of labor settlement is not on the payroll of enterprise employees; According to the "piece rate" settlement (temporary wage table in duplicate, signed by myself). Of course, they don't enjoy corporate benefits, and there are monthly and quarterly safety award, please pay a little; There is no year-end bonus and welfare benefits. This is what you used to call "the state of working in state-owned enterprises", which belongs to temporary workers.
In July 2020, the enterprise was restructured; All registered employees of the enterprise have participated in the "buyout service" and received compensation; Bankruptcy, full-time workers were laid off, all labor contracts were terminated, and they were laid off and unemployed.
According to the Chinese government's social security payment reform policy, registered employees of enterprises must purchase (pay back) all social security and unemployment insurance for employees during the period from 1996 1 month to June 30, 2020. And to the social security bureau for laid-off workers to receive "unemployment benefits" procedures, according to each year of work to receive 2 months of unemployment benefits, up to 24 months of unemployment benefits.
Moreover, the original working relationship (combination) of enterprise employees is handed over to the archives of the Social Security Bureau for unified custody, and the personal relationship is transferred to the community management of the household registration area; Later, these laid-off workers were arranged by the community for training and reemployment; Unwilling to sign a commitment letter of "flexible employment" with the community, and then apply for renewal of "flexible employment" social security in the Social Security Bureau. Some people pay in full according to 60% of the payment base. (Payment ratio: 20% of the payment base, of which 12% is included in the social security pooling fund and 8% is included in the personal account). Moreover, these laid-off workers who are in arrears with the renewal premium will enjoy the government's social security subsidy for three years at the age of 50 and 40, which is the so-called "4050" pension insurance preferential policy subsidy.
You are not an employee of a state-owned enterprise. According to your explanation, temporary workers belonging to state-owned enterprises at that time could not apply for "employee social security" for you according to the labor relations at that time. After the enterprise goes bankrupt, the temporary workers in this situation will be dissolved by themselves; You can't enjoy compensation such as "buyout length of service" and receive unemployment benefits.
Of course, according to the current social security policy, if you have worked in an enterprise before and participated in social security in the later period, considering the time limit of "the actual payment period of social security", if you can find the original "payroll", some provincial and municipal social security policies allow you to pay back the social security fee of that year to meet the extension of the actual payment period; As we all know, the "payment base" at the beginning of 1996 is very low, only a few hundred yuan a year, that is, with the "late payment fee", a year is more than 1000 yuan, and the longer the calculation time of retirement pension, the greater the interest in the calculation of your pension.
There are many temporary workers in state-owned enterprises like you in society; The key is to get the approval of the "original unit", which is very difficult! The vast majority of state-owned enterprises have gone bankrupt and institutions no longer exist. What the Social Security Bureau can find is the formal employee working relationship (file) handed over to the Social Security Bureau when the enterprise goes bankrupt; And temporary staff, where they are going, it is really difficult to find the original copy.
You said yourself that you are a temporary worker in this state-owned enterprise, so the state-owned enterprise didn't provide you with social security. Although you work in these state-owned enterprises, you are not an employee of this state-owned enterprise.
As for how to safeguard rights according to law, we should pay attention to policies and strategies. It's best to find information about the company that used to hire you. It's best to keep evidence that you have worked in this company, such as tax payment certificate. Then go to the labor bureau for labor arbitration.
As long as it is confirmed that this state-owned enterprise violates the rules, then he should supplement your social security.
You worked in a state-owned enterprise from 1998 to 1999, and the enterprise did not sign a labor contract with you or pay social insurance, which violated the labor law. Article 2 of the Labor Law stipulates that this law shall be applicable to enterprises and individual economic organizations (hereinafter referred to as employers) and laborers who have formed labor relations with them in People's Republic of China (PRC). Article 72 stipulates that the social insurance fund shall determine the source of funds according to the types of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.
You can negotiate with the employer to pay the basic old-age insurance premium for employees. If the negotiation fails, please bring a lawsuit to the county people's court where the employer is located (the limitation of labor arbitration has expired) to safeguard your legitimate rights and interests.
1999 General employees of state-owned enterprises will sign labor contracts and apply for social security, and their wages will be deducted accordingly. Why not question the problems found at work?
You have only worked in this company for more than a year, and there is no record that you have never signed a labor contract with the company. Things have changed. What do you think you should do?
If you still work in this state-owned enterprise or leave your job for less than one year, apply for labor arbitration to confirm labor relations and then go to the local labor inspection to apply for payment.
Baidu Ding defended my 19 rights successfully.
You have worked in an enterprise, and you have established a labor employment relationship with the enterprise. It's best to check the current salary records to prove the fact of labor-employment relationship.
Apply for labor arbitration