What about social security if a crime is sentenced?

After sentencing, social security needs to be handled according to different situations, as follows: if an on-the-job sentenced person is dismissed, and a personal account has been established before sentencing, the personal account will be kept. Those who are sentenced on the job and have not been dismissed need to continue to pay fees during their imprisonment. According to the law, employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights records, and ask social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

Social security after sentencing needs to be handled according to different situations, as follows:

1. In-service sentenced and dismissed, the length of service is not calculated during the prison term, and the payment period is relatively not calculated. If a personal account has been established before sentencing, it shall be kept. The years of work without payment before being sentenced cannot be regarded as the years of payment, and the years of payment cannot be added in the form of personal payment. After being released from prison, the pension insurance relationship is transferred to enterprise social security to continue to participate in the insurance and enjoy the relevant policies and treatment of enterprise social security. Personal accounts before being sentenced and personal accounts that continue to participate in insurance after being released from prison can be merged. Those who have not established a personal account in the government social security before serving their sentence cannot be insured in the government social security after being released from prison, but they can be insured in the enterprise social security and enjoy the relevant policies and treatment of the enterprise social security.

2. If the on-the-job sentenced person has not been dismissed, and the continuous length of service is calculated with the approval of the relevant department, the old-age insurance premium shall continue to be paid during the prison term. The payment base can refer to the wage standard before sentencing. If the work is rearranged after the release from prison, the new unit will continue to participate in the insurance according to the nature of the new unit.

3. If the prisoner continues to participate in the insurance after his release from prison and reaches the statutory retirement age and the payment period does not reach the prescribed payment period, I will voluntarily continue to pay to the payment period, retire according to the old-age insurance method, and receive a monthly pension from the next month. I do not want to continue to pay, according to the provisions of the old-age insurance measures, to the elderly living allowance, a one-time payment.

1. Is the prison medical insurance provided by the prison or by itself?

You can't participate in social insurance and enjoy social security benefits during your sentence. According to the laws of our country, if a person is sentenced to criminal detention, fixed-term imprisonment or life imprisonment, the medical insurance relationship will be terminated during his sentence, and he will no longer enjoy the basic medical insurance benefits, and he will not pay medical insurance premiums or calculate the accumulated payment period.

To sum up, you can't participate in social insurance and enjoy social security benefits during your sentence. The state has corresponding regulations on the old-age insurance for criminals. If an employee is sentenced or reeducation through labor, his personal account shall be kept by the social insurance agency during the period of serving his sentence or reeducation through labor, and continue to bear interest at the bookkeeping rate. After reaching the statutory retirement age, the personal account amount will bear interest according to the bank's savings deposit rate for urban and rural residents in the same period.

Legal basis:

Social insurance law

Article 60

The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis. Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.

People's Republic of China (PRC) labor contract law

Article 39

In any of the following circumstances, the employer may terminate the labor contract:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

(6) Being investigated for criminal responsibility according to law.