Do you still need compensation for dismissing employees with social security?

The unit must go to work on time every day before issuing a written notice to terminate the labor relationship. Refused to go through the formalities of resignation without giving written notice. You should also get 1 month economic compensation for normal dismissal, twice the compensation for dismissal in violation of labor law, and one more month for dismissal without one month's notice. Economic compensation = compensation time × average salary before your resignation 12 months (algorithm of average salary: it is all wages payable in the current month, that is, the amount before deducting personal insurance and provident fund. Therefore, the company did not inform in advance, and there should be at least two months of economic compensation. If a labor contract is not signed, the employer shall pay double wages from the second month. To establish labor relations with reference to Article 10 of the Labor Contract Law, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment. Article 82 If an employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary. Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. Article 87 Where an employing unit dissolves or terminates a labor contract in violation of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.

Legal objectivity:

People's Republic of China (PRC) labor contract law

Article 50

The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for the workers within 15 days.

Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.

The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.

People's Republic of China (PRC) social insurance law

Article 60

The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.

Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.

People's Republic of China (PRC) social insurance law

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, and the proceeds from the auction will be used to offset the social insurance premium.