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#personal issues
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Q: My employer said that social security is only for Chinese citizen and it does not apply to me, because I am a foreigner, is that true?A：Of course not. As long as you are working in China legally, you are supposed to participate in the social security system in line with Social Security Law of the PRC.Q: My employer has paid for a medical insurance for me, they said we don’t need to buy social security anymore.A: It’s not true. Employer can choose to buy or not buy medical insurance, which is commercial insurance (which we can say is an extra level of medical cover). However, social security includes: basic pension insurance, basic medical insurance, work injury insurance, unemployment insurance, family planning insurance basic pension, medical insurance and contribute for social security is a mandatory duty of all employers.Q: If my employer refuse to pay my social security, can I file a labor arbitration complaint against them?A：No, according to the SPC’s opinion, if the employer fail to pay/pay in full for employee’s social security, the employee can file a complaint with related labor administration authority, such dispute is not the jurisdiction of labor arbitration committee.However, if the employee suffered any loss because the employer failed to pay social security for the employee for him/her, he /her can file a labor arbitration to ask for compensation.Q: I am going to leave China in 2024, can I ask refund my tax and social security?A: Paying individual income tax (“ IIT ”) is your duty, the IIT is not refundable, unless you overpaid it. However, if you want to leave China, you may ask for refund of the money in your personal pension account, no problem.
Related regulations in Social Security Law of the People's Republic of China《中华人民共和国社会保险法》第四条 中华人民共和国境内的用人单位和个人依法缴纳社会保险费，有权查询缴费记录、个人权益记录，要求社会保险经办机构提供社会保险咨询等相关服务。个人依法享受社会保险待遇，有权监督本单位为其缴费情况。Article 4 Employers and individuals in China shall contribute social security premiums pursuant to the law, have the right to enquire into records of contributions and records of individuals' rights and interests, and request for social security agencies to provide the relevant services such as social security consultation, etc.Individuals shall enjoy social security entitlements pursuant to the law, shall have the right to supervise their employers' contribution of premiums.第八十三条 …用人单位侵害个人社会保险权益的，个人也可以要求社会保险行政部门或者社会保险费征收机构依法处理。Article 83 …Where the employer has harmed the social security interests of an individual, the individual may also request that the social security administrative authorities or the social security premium collection agency handle the matter pursuant to the law.第八十四条 用人单位不办理社会保险登记的，由社会保险行政部门责令限期改正；逾期不改正的，对用人单位处应缴社会保险费数额一倍以上三倍以下的罚款，对其直接负责的主管人员和其他直接责任人员处五百元以上三千元以下的罚款。Article 84 Employers which failed to complete social security registration shall be ordered by the social security administrative authorities to make correction within a stipulated period; where correction is not made within the stipulated period, the employer shall be subject to a fine ranging from one to three times the amount of the social security premiums payable, and the person(s)-in-charge who is/are directly accountable and other directly accountable personnel shall be subject to a fine ranging from 500 yuan to 3,000 yuan.第八十六条 用人单位未按时足额缴纳社会保险费的，由社会保险费征收机构责令限期缴纳或者补足，并自欠缴之日起，按日加收万分之五的滞纳金；逾期仍不缴纳的，由有关行政部门处欠缴数额一倍以上三倍以下的罚款。Article 86 Employers who failed to promptly contribute social security premiums in full amount shall be ordered by the social security premium collection agency to make or supplement contributions within a stipulated period, and shall be subject to a late payment fine computed from the due date at the rate of 0.05% per day; where payment is not made within the stipulated period, the relevant administrative authorities shall impose a fine ranging from one to three times the amount of the amount in arrears.第九十七条 外国人在中国境内就业的，参照本法规定参加社会保险。Article 97 Foreigners employed in China shall participate in social security with reference to the provisions of this Law.