Job Recruitment Website - Social security inquiry - Do companies have to pay social security for one more month if they lay off employees?

Do companies have to pay social security for one more month if they lay off employees?

You don't need to pay an extra month's social security to dismiss employees.

Because according to the provisions of China's labor contract law, if employees are dismissed, they need to pay social insurance in the month of dismissal. If a company wants to dismiss an employee, it must have legal reasons stipulated by law, and the labor contract can only be terminated after it has fulfilled the obligation of giving a 30-day notice in advance or paid the employee a one-month payment in lieu of notice.

The first thing is to see if you can get back to work in time after you resign. Social security can be interrupted, such as pension and unemployment, as long as you renew your insurance when you are re-employed. But once the medical treatment is interrupted for more than three months, some places will clear the money in your card or recalculate the length of service. This city is different. As long as the renewal is less than three months, you can continue to pay what you paid before. And a medical card. As long as you stop the insurance, your medical card can't be used (including buying medicine in the hospital), because now medical treatment is online. There is no need to apply for a new card after renewal and transfer.

I. Social security transfer procedures

1. Bring my ID card, labor contract and social security payment certificate of the company, and issue a social security transfer acceptance letter to the social security bureau that needs to be transferred;

2. With the admission notice, go to the social security bureau of the transfer place to handle the social security transfer procedures;

3. Submit the processed social security transfer data to the social security bureau that pays the fee now for entry. If you have the deemed payment period (and the length of service before 92 years), you also need to provide personnel files and other materials.

legal ground

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

Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of a worker is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary of the worker, and the longest period for paying economic compensation to the worker shall not exceed 12 years.

Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.