Job Recruitment Website - Social security inquiry - The labor contract has been terminated with the original unit, but the social security network still shows the on-the-job status and basic company information.

The labor contract has been terminated with the original unit, but the social security network still shows the on-the-job status and basic company information.

If the original unit fails to stop insurance in time, it may notify the original unit to stop insurance. If the employee has terminated the labor relationship with the company, the original company shall handle the social security transfer or insurance suspension procedures for the employee in time. If the company fails to go through the formalities of stopping the insurance within 15 days, employees can inform the company to stop the insurance, and if the company refuses, they can complain to the Human Resources and Social Security Bureau.

Legal analysis

From the date when the work unit terminates the labor contract with the employee, the unit has no obligation to bear the employee's personal social security. At the same time, the unit also has the obligation to prove that the personal social security relationship of employees has been reduced from the original work unit, because only by reducing the number of employees can employees transfer their social security to a new work unit for a normal insurance. If the original unit fails to stop insurance in time, it shall promptly notify the original unit to stop insurance. If the employee has terminated the labor relationship with the company, the company shall handle the social security transfer or insurance suspension procedures for the employee in time. If the company fails to go through the formalities of stopping the insurance within 15 days, employees can inform the company to stop the insurance, and if the company refuses, they can complain to the Human Resources and Social Security Bureau. If you choose to leave your original work unit, you must first make sure that you have established a relationship with your original work unit to terminate the labor contract. As a work unit, you can't stop paying this social security at once. For this problem, you still need to make a decision according to the date of resignation. Generally, for employees who leave the company before 15 of the current month, the company can no longer bear the social security contributions of the current month, but if they leave the company after 15, the company still needs to bear the social security contributions of the current month.

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.