Job Recruitment Website - Social security inquiry - Who will bear the social security expenses that the original company has not stopped paying?

Who will bear the social security expenses that the original company has not stopped paying?

The original company has not stopped paying social security fees, which shall be borne by the unit. The resigned employee no longer works in the company, so the resigned employee cannot be required to bear the part that the individual should pay. You can discuss with the social security bureau whether you can surrender your insurance. If the negotiation is successful, the unit can submit the insured unit's failure to stop insurance in time to the social security center and provide the employee's resignation certificate. Provide the original and photocopy of ID card or proof of identity, and affix the official seal of the unit to apply for a refund. After the employee terminates the labor relationship with the employer, the employer shall go through the formalities for the transfer of the file and social insurance relationship for the employee within fifteen days. If the employer fails to apply for social security insurance for the workers within the legal date, the losses caused shall be borne by the employer.

After the termination of the labor relationship between the two parties, the employer shall stop paying fees in the month following the employee's resignation. The rules and regulations of some enterprises stipulate that the dividing line is 15 per month. If employees leave their jobs before 15, they will not pay social security, otherwise they will bear all expenses. When the company's internal rules and regulations conflict with relevant laws and regulations, they shall be deemed invalid.

Legal basis: Article 50 of People's Republic of China (PRC) Labor Contract Law.

After the compulsory labor contract of both parties is dissolved or terminated, the employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and handle the transfer formalities 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.