What about social security after the labor contract is terminated with the unit?

After the termination of the labor contract, you need to take the resignation certificate and social security materials to the Human Resources and Social Security Bureau. After the termination of the labor contract, the employer may be required to cooperate with the transfer procedures such as file social security. If there is a new work unit, the file social security can be transferred to the new unit. If there is no new unit, the local talent market will generally provide temporary acceptance procedures.

Legal analysis

You can apply for social security according to your situation at that time. If you find a new unit, you can pay social insurance directly in the new unit, and then you must continue the basic old-age insurance related personnel across the overall planning area after dissolving the labor relationship with the enterprise. In addition, you must go through the basic old-age insurance transfer procedures according to the relevant regulations. If the payment of the basic old-age insurance premium is interrupted during the unemployment period of the employee who has been released from labor relations, the payment period will not be calculated, and the original personal account of the basic old-age insurance will be sealed and continue to bear interest. After re-employment, the payment shall be continued, and the payment period before and after and the amount stored in the personal account of basic old-age insurance shall be calculated separately. Unemployed workers or laid-off workers do not pay medical insurance premiums, enjoy medical insurance benefits or calculate the payment period during the period of receiving unemployment benefits. After receiving unemployment benefits, medical insurance premiums should be paid in full and on time according to the method of flexible employees participating in medical insurance in order to enjoy medical insurance benefits and calculate the payment period. After completing the formalities, you have to get the resignation certificate, social security manual and medical insurance payment form, and then go to the labor bureau to register the unemployment certificate. Only when you can go to the Human Resources and Social Security Bureau for social security transfer can you pay social security fees yourself. When you join a new company, you usually ask for a certificate of resignation. When you leave your job, you can ask the employer to issue a resignation certificate.

legal ground

Article 50 of the Labor Contract Law of People's Republic of China (PRC), 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 the relationship between files and social insurance 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.