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How to seal employees' social security?
First, how to seal the social security of employees?
Employees' social security seals can be handled through procedures such as submitting applications, reviewing materials, reviewing conditions and handling seals. For the social security seal, it is because the temporary payment can not continue or other reasons for work and study. The original social security payment record is still valid, and the social security relationship is valid, but the social security function is temporarily suspended, which will have little impact on social insurance in the future. The required materials include:
(1) The personnel who suspend the performance of the labor contract shall carry the original and photocopy of the proof materials for the suspension of the performance of the labor contract;
(2) Persons under detention, detention review, etc. The original and photocopy of the certification materials issued by the public security and judicial departments shall be carried;
(3) The missing person shall carry the original and photocopy of the document declared missing by the court;
(4) Persons whose whereabouts are unknown shall bring the original and photocopy of the certification materials of the public security department or a written application signed and confirmed by their immediate family members.
The general employer can provide the social insurance agency with the Agreement on Termination of Labor Contract and other agreed documents, which must clearly state that the employer will not pay social insurance for the workers during the termination period. Another common situation is that before being formally investigated for criminal responsibility, workers can not simply terminate their labor relations and handle social security transfer, but can handle the sealing operation according to the certification materials of the public security and judicial departments. When a worker enlists in the army, he should also go through the formalities of stamping with materials such as the Notice of Enlistment provided by the local armed forces department.
Two. Provisions on social insurance registration in the Interim Measures for the Administration of Social Insurance Registration
Article 5
Payment units engaged in production and operation shall, within 30 days from the date of obtaining the business license, and non-production and operation units shall, within 30 days from the date of establishment, apply to the local social insurance agency for social insurance registration. Payment units that did not participate in social insurance before the implementation of the "Regulations" shall, in accordance with the provisions of Article 8 of the "Regulations", apply to the local social insurance agency for social insurance registration with the documents and materials specified in Article 7 of these Measures.
Payment units that have participated in social insurance before the implementation of the Regulations shall re-apply for social insurance registration at the local social insurance agency in accordance with the provisions of the preceding paragraph.
Article 6 Social insurance registration shall be subject to territorial management.
If the payer has a branch in a different place, the branch shall generally apply for social insurance registration as an independent payer to the local social insurance agency.
Cross-regional payment units, their social insurance registration places shall be determined by the relevant regions through consultation. If there are different opinions, the place of registration shall be determined by the social insurance agency at the next higher level.
Article 7 When applying for social insurance registration, the payer shall fill in the social insurance registration form and submit the following documents and materials:
(1) Business license, certificate of approval for establishment or other approved practice certificates;
(two) the unified code certificate of the organization issued by the state quality and technical supervision department;
(3) Other relevant documents and materials stipulated by the social insurance agencies of provinces, autonomous regions and municipalities directly under the Central Government.
Article 8
The social insurance agency shall immediately accept the social insurance registration form, certificates and materials provided by the payer, and complete the examination within 10 working days from the date of acceptance; Those who meet the requirements shall be registered and issued with social insurance registration certificates.
In judicial practice, the registration and stamping of social security needs to be handled in accordance with the prescribed conditions and requirements, especially for different types of social security identification. If the identification of the relevant situation is not clear, you can consult the social security department for legal definition to avoid the wrong application of the law.
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