The social security payment directly terminate the contract

The company stopped paying medical social security can be directly terminated labor relations, that is, the employee does not need to give the company a month in advance to submit a written resignation report, and this direct approach, the company not only can not pay wages, but also require the employer to pay economic compensation, due to the suspension of payment of medical social security and the losses caused by the employee is also responsible for the company. But the employee should pay attention to keep the relevant evidence.

A. How to cancel the labor relationship?

The employer stops paying social insurance, the worker can immediately terminate the labor contract, without prior notice to the employer.

These are the first time that an employer has ever made a decision to cancel a labor contract.

Legal basis: "Labor Contract Law"

Article 38 The employer can terminate the labor contract in any of the following cases:

(a) failure to provide labor protection or labor conditions in accordance with the labor contract;

(b) failure to pay the labor remuneration in full and on time;

(c) failure to pay the social insurance premiums for the workers according to the law;

(d) failure to pay the social insurance premiums for the workers according to the law;

(e) failure to pay the social insurance premiums for the workers according to the law;

(f) failure to pay the social insurance premiums for the workers. Where the rules and regulations of the employer violate the provisions of laws and regulations and jeopardize the rights and interests of the workers;

(e) Where the labor contract is invalidated due to the circumstances stipulated in the first paragraph of Article 26 of this Law;

(f) In other cases where laws and administrative regulations stipulate that the workers may terminate the labor contract.

Two, the dissolution of labor relations for the record what information is needed?

1, has been stamped with the official seal of the unit applying for the termination of the filing of the "termination of labor contract registration form"

2, "termination, termination of labor contract report"

3, the employee's personal file

4, personal application for termination of the labor contract, the employee's personal file should be signed by the unit of the opinion of the "letter of resignation", the original or a copy of copies, the copy needs to be unit The copy needs to be stamped by the unit.

5. If you are not applying for unemployment benefits, you don't need to file on-site for foreign accounts.

Three, the unit does not issue a certificate of termination of labor relations how to do?

After the termination of the labor relationship workers should ask the employer for written proof of termination of the labor relationship, and then to the local labor and employment department for unemployment registration, unemployment benefits, and accept re-employment services; during the period of unemployment according to the individual's economic situation can be suspended to pay social insurance, but also to the social security department to apply for flexible employment or self-employment personnel individual Contributions; if you find a new unit to establish labor relations, the unemployment certificate to the unit, the unit to the labor and employment department for employment registration, to the social security department for social insurance registration declaration.

If the unit does not give written proof of the termination or termination of the labor relationship of the workers, it is illegal, will lead to the workers can not be normal registration of unemployment and re-employment, and in the future can not be continued for social insurance; encountered in this case the workers can be to the local labor inspection department to complain, but also to the Labor Dispute Arbitration Committee to apply for a ruling on compensation.

Surely under normal circumstances, the termination of labor relations is required to submit a month in advance to the company's resignation report, but the labor contract law, Article 38, also clearly stipulates that the employer does not pay the social security or stop paying the social security for no reason, this practice has violated the rights and interests of the workers, so the workers in the termination of the labor relations do not need to follow the normal process.