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What are the provisions on social security in the Labor Contract Law?
China has established and improved relevant laws and regulations to regulate the behavior of employers and the legitimate rights and interests of workers, especially social insurance and provident fund other than labor remuneration. Although the payment policies in different places are slightly different, they are all implemented under the constraints of laws and regulations. However, it should not be overlooked that some employers still do not act according to the regulations and refuse to pay social security during employees' resignation. Is this legal? We need to know what provisions on social security are in the Labor Contract Law? Article 49 of the Labor Contract Law The state shall take measures to establish and improve the system of trans-regional transfer and connection of workers' social insurance relations. Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee 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. In addition, other clauses related to social security in the Labor Law are as follows: Article 17 A labor contract shall have the following clauses: (1) The name, domicile and legal representative or principal responsible person of the employing unit; (2) The name and address of the laborer and the number of the resident identity card or other valid identity documents; (3) The term of the labor contract; (4) Work content and work place; (five) working hours and rest and vacation; (6) Labor remuneration; (7) Social insurance; (eight) labor protection, working conditions and occupational hazard protection; (nine) other matters that should be included in the labor contract as stipulated by laws and regulations. In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on probation, training, confidentiality, supplementary insurance and welfare benefits. Article 38 A laborer may terminate the labor contract under any of the following circumstances: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance. Article 59 A labor dispatch unit shall conclude a labor dispatch agreement with the unit accepting labor dispatch (hereinafter referred to as the employing unit). The labor dispatch agreement shall stipulate the number of dispatched posts and personnel, the dispatch period, the amount and payment method of labor remuneration and social insurance premiums, and the responsibility for violating the agreement. The employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the post, and shall not divide the continuous employment period into several short-term labor dispatch agreements. Article 74 The labor administrative department of the local people's government at or above the county level shall supervise and inspect the following implementation of the labor contract system according to law: (1) Rules and regulations formulated by the employing unit that are directly related to the vital interests of workers and their implementation; (2) The conclusion and dissolution of the labor contract between the employer and the employee; (three) the labor dispatch units and employers to comply with the relevant provisions of labor dispatch; (four) the employer's compliance with the provisions of the state on the working hours and rest and vacation of workers; (five) the employer's payment of labor remuneration agreed in the labor contract and the implementation of the minimum wage standard; (six) the employer's participation in various social insurances and payment of social insurance premiums; (seven) other labor supervision matters stipulated by laws and regulations. Through the above introduction, we already know what are the provisions on social security in the Labor Contract Law? That is to say, in the terms that the labor contract must contain, it is clear that social insurance is needed. If the employer fails to pay social insurance in time and effectively, the employee also has the right to terminate the labor contract. The labor administrative department at or above the county level may also supervise the social insurance payment of the employer according to law. Therefore, when seeking a job or working, workers should learn to use legal weapons to ensure the right of employers to pay social insurance for themselves.
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