Job Recruitment Website - Social security inquiry - What should I do if I go to social security directly without going through the resignation formalities?
What should I do if I go to social security directly without going through the resignation formalities?
1. Understand the social security situation: If you haven't found your next job, you need to pay the social security fee yourself. If your social security is in arrears (that is, the payment period is interrupted), you can choose one of the following ways to deal with it:
Stop payment: This means that your social security will not be automatically updated, but it will not affect your accumulated payment period.
Personal full payment: you need to bear the part of the cost that the enterprise should pay.
Transfer social insurance relationship: If you plan to change your workplace in the future, you can consider transferring social insurance relationship, which is usually applicable to cross-regional career changes.
2. Abide by laws and regulations: According to the Labor Contract Law of People's Republic of China (PRC), when the employer dissolves or terminates the labor contract, it shall issue relevant certificates, and handle the formalities for the transfer of the relationship between files and social insurance for the workers. If you encounter problems in the process of leaving your job, it is recommended to consult a professional lawyer.
3. Pay attention to work handover: According to relevant regulations, workers should complete the work handover as agreed.
4. Flexible response: Some areas may allow non-local residents to participate in social insurance as flexible employees. In this case, they can choose to pay their own medical insurance and endowment insurance.
5. Timely handling: once you decide to leave your job and start to pay social security, you should go to the local social security bureau to handle relevant procedures in time, including providing proof of termination of labor contract and social security manual.
Resignation procedure:
1. Resignation application (apply to the competent department); The application content must meet the resignation conditions;
2. The application is approved (signed by the person in charge of the competent department);
3. Hand over the work (hand over the work and materials at hand to the successor arranged by the unit or company); And passed the examination and approval; Sign the handover form (handled by the work unit).
4 for social security, medical insurance transfer procedures and unemployment procedures (handled by the Social Security Bureau);
5. If you stay in the company or unit; Need to go through the factory formalities. Obtain the release approval;
6. If the confidentiality department or post of the company or unit needs to sign a confidentiality agreement after leaving the company;
7. Settlement of wages and resignation benefits (handled by the Finance Department and the Personnel Department).
8. Choose the appropriate resignation and resignation form according to your own situation. (e.g. thanks, tea party, banquet, etc.). );
9, state organs and units also need to handle the personnel file transfer procedures; Generally, employees with registered permanent residence, high academic qualifications and high professional titles will transfer their personnel files to the talent market.
To sum up, after you leave your job directly without going through the resignation formalities, you should contact your original company to go through the resignation formalities as soon as possible to understand and handle your social security problems. This will not only protect your personal rights and interests, but also help to avoid future disputes and troubles.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 50
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 files and social insurance relations for the workers 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.
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