Social insurance payment disputes are not uncommon in practice, especially in cases where the employer fails to pay in accordance with the law, and later makes up for the payment and advances the personal part of the employee. Both parties often have disputes over whether to return the payment. Recently, the People's Court of Huairou District, Beijing, concluded a case in which an employer sued an employee for a refund after failing to pay social security in full and paying a portion of the employee's personal expenses in advance. The employer's claim was ultimately supported by the court. 【 Case Review 】 The plaintiff's company had a labor relationship with the defendant Zhao from April 1, 2002 to March 4, 2024. During the existence of the labor relationship, a certain company failed to fully pay social insurance premiums to Zhao. After Zhao resigned, he complained to the social security administrative department that a certain company had paid a total of more than 250000 yuan in social insurance premiums for him in October 2024, including more than 30000 yuan that Zhao himself should bear. A certain company believes that it has paid the social insurance premiums that should have been borne by Zhao on behalf of him, and demands that Zhao return the funds and pay interest. Zhao claimed that during his employment, the company had deducted the personal portion of social security from his salary, and the failure to actually pay was the fault of the company, which should not be borne by him again. A certain company once applied for labor arbitration on this matter, but the arbitration committee refused to accept it on the grounds that it did not fall within the scope of the labor dispute. A certain company subsequently filed a lawsuit with the court. After trial, the Huairou District Court held that both employers and employees should participate in social insurance and fulfill their payment obligations in accordance with the law. A certain company failed to pay social security for Zhao in accordance with the law, and after the supplementary payment procedure, advanced a total of more than 30000 yuan in basic pension, medical and unemployment insurance fees that Zhao should bear personally. Zhao failed to fulfill his personal payment obligation and should return the amount advanced by the company. After the second instance court tried the case, the original verdict was upheld. According to the provisions of China's Labor Law and Social Insurance Law, employers must register their employees for social insurance in accordance with the law and pay social insurance premiums in full and on time. This obligation is mandatory and shall not be exempted by any agreement between the employer and the employee or voluntary waiver by the employee. In this case, a certain company has violated its legal obligations by failing to pay social security for Zhao for a long time. Even if it makes up the payment afterwards, it should still bear corresponding legal responsibility for its failure to fulfill its obligations in a timely manner. The basic pension insurance, basic medical insurance, and unemployment insurance premiums for employees shall be jointly paid by the employer and the employee. The employer shall inform the employee of the details of the social security premiums paid on a monthly basis and withhold and pay the employee's payable portion in accordance with the law. If the employer fails to fulfill the obligation of proxy payment, but has deducted the personal payable portion from the salary, the employee may claim a refund in accordance with the law; If the employer advances the employee's personal payable portion when making up the payment, they have the right to claim compensation from the employee. In this case, when a certain company made up the payment, Zhao assumed the personal part, and Zhao failed to provide evidence to prove the claim that "the company had deducted the personal part of social security from his salary during his employment". Therefore, the court supported the employer's claim for compensation. Regarding this, Judge Fu Yuying from the Civil Trial Division of Huairou District Court reminded that employers should strictly fulfill their social insurance payment obligations and shall not evade or transfer responsibility in any form; Workers should also pay attention to their personal rights, promptly inquire about their insurance status, and retain vouchers such as payslips and social security records. Both parties need to enhance their legal awareness and jointly maintain the stable operation of the social insurance system. (New Society)