1. Is there a statute of limitations for provident fund prosecution?
Provident funds also belong to the category of social insurance. According to the provisions, regulations or rules of Article 27 of the Labor Dispute Mediation and Arbitration Law, the administrative department of labor security will no longer investigate and deal with the continuous or continuing behavior; Violation of labor security laws. The statute of limitations of social insurance stipulates that the labor security supervision department has a two-year prosecution period for violations of labor laws and regulations, and has never reported it. As can be seen from this provision, counting from the date of termination: Article 20 of the Regulations on Labor Security Supervision stipulates that otherwise, the labor security supervision department has no right to manage. The time limit specified in the preceding paragraph. From the way of labor dispute litigation: "The violation of labor security laws, regulations or rules has not been discovered by the labor security administrative department within 2 years, and since the date of violation of labor security laws:" The limitation period for applying for labor dispute arbitration is one year. "
Second, what is the provident fund?
Housing accumulation fund refers to the long-term housing savings paid by state organs, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises, institutions, private non-enterprise units, social organizations and their employees.
The definition of housing provident fund includes the following five aspects:
(1) Housing provident fund has been established only in cities and towns, and no housing provident fund system has been established in rural areas.
(2) Only on-the-job employees can establish the housing accumulation fund system. Unemployed urban residents and retired workers do not implement the housing provident fund system.
(three) the housing provident fund consists of two parts, one part is paid by the employee's unit, and the other part is paid by the employee. After the employee's individual deposit is withheld by the unit, it will be deposited into the individual account of the housing provident fund together with the unit deposit.
(D) the long-term nature of housing provident fund deposit. Once the housing provident fund system is established, employees must be paid continuously in accordance with the regulations during their employment, and shall not be suspended or interrupted except for employees' retirement or other circumstances stipulated in the Regulations on the Administration of Housing Provident Fund. It embodies the stability, unity, standardization and compulsion of housing provident fund.
(5) Housing accumulation fund is a personal housing savings fund specially used by employees for housing consumption expenditure, which has two characteristics of accumulation and specificity.
3. What is the function of provident fund?
Although many people are paying the provident fund now, there are still a large number of users who don't know what role the provident fund will play after it is paid. Since the provident fund is called "housing provident fund", it is naturally inseparable from housing. The specific functions of the provident fund mainly include the following two points:
(a) for housing loans
Nowadays, many people choose mortgage loans to buy a house, which disperses their economic pressure. Therefore, general loans to buy a house are mainly divided into provident fund loans and bank commercial loans, of which the loan interest rate of provident fund loans is much lower than that of bank commercial loans, so provident fund loans are also deeply loved by buyers.
If users want to make provident fund loans, they must pay provident fund loans. Users who have not paid the provident fund or have paid the provident fund for less than 1 year are generally not allowed to make provident fund loans, so this is also a very important role of the provident fund.
(two) to withdraw the balance of the provident fund account for use.
The provident fund paid by general enterprises for employees and the provident fund paid by users themselves will be deposited into personal provident fund accounts, which are also long-term housing deposits of users themselves, and users can withdraw and use the money in the later stage if they meet the conditions.
Users can apply for withdrawal of provident fund at any time as long as they meet any of the following conditions:
1. Withdraw provident fund for house purchase, decoration, building and house decoration;
2. In the case of no fixed housing, withdraw the rental provident fund;
3. If I or my immediate family members are seriously ill, I can withdraw the provident fund to pay for medical expenses;
4, low-income households or five-guarantee households can withdraw their own provident fund for living expenses;
5. Retired and resigned users can withdraw the provident fund at any time;
6. Users who have settled abroad can withdraw the provident fund at any time;
7. Users who move out of the province can withdraw the provincial provident fund;
8. Foreign accounts can withdraw their own provident fund when they leave the place where the provident fund is deposited.
As can be seen from the above, the provident fund itself actually belongs to the category of social insurance, so the provident fund also has a statute of limitations. Generally speaking, the limitation of arbitration proceedings is one year.