How to handle the certificate of termination of labor relations for social security arrears

If the labor relationship with the employer has been terminated, the employer may be required to issue a certificate of termination of the labor contract.

Refuse to issue, workers can complain to the labor administrative department (labor inspection brigade), and the labor administrative department shall order the employer to make corrections. Or apply to the labor dispute arbitration commission for labor arbitration. At the same time, if it causes damage to the workers, the employer shall be liable for compensation.

Legal basis: Labor Contract Law

Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship 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.

Article 89 If the employing unit violates the provisions of this Law and fails to issue a written certificate to the laborer to dissolve or terminate the labor contract, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.