Enterprise layoffs social security how to compensate

Enterprises in certain circumstances can be laid off, the enterprise layoffs need to be 30 days in advance to the trade unions or all employees to explain the situation, and the layoff program to the labor administration report, the company needs to lay off employees to give employees economic compensation, then the enterprise layoffs how to compensate for social security? I organize the relevant knowledge, I hope to help you.

A, enterprise layoffs social security how to compensate

The company layoffs, if the social insurance is not paid in full, to be in the termination of the labor contract before the full amount of actual payment of social insurance.

The Chinese People's **** and State Social Insurance Law

Article 63 The employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay the premiums within a certain period of time or to make up the full amount.

If the employer fails to pay the social insurance premiums in full or on time, the social insurance premium collection agency may inquire the banks and other financial institutions about their deposit accounts; and may apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify in writing the banks or other financial institutions of the allocation of social insurance premiums. If the balance of the account of the employer is less than the amount of social insurance premiums that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign a deferred payment agreement.

If the employer fails to pay the full amount of social insurance premiums and does not provide a guarantee, the social insurance premium collection agency may apply to the people's court to seize, seal or auction the property whose value is equivalent to the amount of social insurance premiums that should be paid, and use the proceeds of the auction to offset the payment of social insurance premiums.

Second, the employer's economic layoff procedures

1. 30 days in advance to the trade union or all employees to explain the situation, and provide information on the production and business conditions.

2. Propose a program of layoffs, including: the list of persons to be laid off, the time of layoffs and the implementation of steps, in line with the provisions of laws and regulations and the collective contract agreed upon the economic compensation of persons laid off.

3. Consult the labor union or all employees on the staff reduction plan, and revise and improve the plan.

4. Report to the local labor administration department on the staff reduction plan and the views of the trade unions or all employees, and listen to the views of the labor administration department. The "report" here is in the nature of prior notification, rather than administrative licensing or approval.

5. The employer formally announced the program of layoffs, and the layoffs for the termination of labor contracts, in accordance with the relevant provisions of the economic compensation to be paid to the person who was laid off, and issued a certificate of layoffs. The labor contract law on layoff procedures are still strictly limited, strengthened the intervention of trade unions, strengthened the coordination of trade unions, rights protection function, and gives the labor administration department to supervise the enterprise layoffs of the legal right.

Through the above analysis, we know that, according to the provisions of the Social Insurance Law, if the employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums within a certain period of time or to make up for it. So when the company layoffs, not fully paid social insurance, the employer has to make up the social insurance before the termination of the labor contract.