Job Recruitment Website - Social security inquiry - Can it be successful for the bank to buy out the length of service and ask the original unit to pay back the social security rights?
Can it be successful for the bank to buy out the length of service and ask the original unit to pay back the social security rights?
Expanding the scope: Buying out the length of service refers to a way for some state-owned enterprises in China to arrange surplus employees during the reform process in the early days of reform and opening up, that is, referring to the working years, salary levels and jobs of employees in the enterprise, combined with the actual situation of the enterprise, the enterprise negotiates with employees and reports to the relevant departments for approval, and the enterprise pays employees a certain amount at one time, thus dissolving the labor relationship between the enterprise and surplus employees and pushing employees to the society.
Buying out the length of service is very common in the early days of reform and opening up. The word "buyout length of service" has never appeared in national standard documents, and the statement of "buyout length of service" is neither standardized nor accurate. In fact, it is illegal to buy out the length of service.
Legal basis: Article 46 of the Labor Contract Law of People's Republic of China (PRC) is under any of the following circumstances, the employer shall pay economic compensation to the employee:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.
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