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How to handle social security transfer?
Legal basis: Article 83 of People's Republic of China (PRC) Social Insurance Law. If the employing unit or individual thinks that the behavior of the social insurance fee collection agency infringes upon its legitimate rights and interests, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. The employing unit or individual may apply for administrative reconsideration or bring an administrative lawsuit against the social insurance agency for failing to register social insurance, verify social insurance premiums, pay social insurance benefits, handle social insurance transfer and connection procedures or infringe upon other social insurance rights and interests according to law. Individuals and employers who have social insurance disputes may apply for mediation, arbitration and bring a lawsuit according to law. If an employer infringes upon an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law.
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 of transferring 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.
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