Job Recruitment Website - Social security inquiry - Who will bear the social security after leaving office on the 20th?
Who will bear the social security after leaving office on the 20th?
First, the relationship between the resignation date and the deadline for social security payment.
Social security payment in most areas has a certain deadline, usually a certain day of each month. If an employee leaves the company before the deadline for social security payment, the company needs to pay social security fees for the employee, because the employee is still a regular employee of the company that month. This is because the social security fee is calculated according to the salary base of employees during their working period, so even if employees leave their jobs in the middle of the month, the company still needs to pay social security for them for the whole month.
However, if employees leave after the deadline for social security payment, the situation will be different. In this case, the employee has resigned and is no longer a regular employee of the company, and the company may no longer bear its social security expenses. However, the specific handling methods may vary from company to company, and some companies may negotiate with employees to share the social security expenses, or handle them according to company regulations.
Second, the impact of company regulations on social security commitments.
In addition to the relationship between the resignation date and the deadline for social security payment, the company's specific regulations will also have an impact on social security commitments. Some companies may clearly stipulate the handling method of social security expenses after leaving the company in the employee handbook or labor contract. Employees should read the relevant clauses carefully before leaving their jobs to understand their rights and obligations.
In addition, for some special circumstances, such as employees have applied to the company for social security transfer before leaving the company, or the company and employees have reached a specific social security commitment agreement when leaving the company, the social security expenses can be adjusted according to the specific circumstances.
To sum up:
The social security problem of resignation on the 20th needs to be determined according to the relationship between the resignation date and the deadline of social security payment and the specific regulations of the company. If the resignation date is before the deadline of social security payment, the company usually needs to bear the social security expenses of the month; If the resignation date is later than the deadline for social security payment, the way to bear social security expenses may vary from company to company, and it needs to be resolved through consultation with employees or handled according to company regulations. Employees should know the relevant regulations of the company before leaving their jobs in order to better safeguard their rights and interests.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 58 provides that:
The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
Article 60 provides that:
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.
People's Republic of China (PRC) labor contract law
Article 50 provides that:
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.
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