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How to compensate the social security of employees dismissed by the unit?
According to "Labor Contract Law" and "Social Insurance Law", the unit should bear the corresponding social security compensation responsibility after dismissing employees. Social security compensation mainly includes the following four types of insurance: 1. Old-age insurance: compensation will be paid to the employee's personal account and unit account, and the specific calculation method will be determined by the local social security department according to the length of service of the employee and the amount paid by the individual. 2. Medical insurance: employees who have paid medical insurance are compensated for their personal accounts and unit accounts, and the specific calculation method is also stipulated by the local social security department. 3. Unemployment insurance: compensation shall be paid to employees' individual accounts and unit accounts that have paid unemployment insurance, and the calculation method is the same as above. 4. Work-related injury insurance: Employees who are injured or sick due to work need to pay compensation for work-related injury insurance. It should be noted that different regions and units have different social security compensation standards, and the specific amount and calculation method can be consulted with the local social security department or human resources department. At the same time, dismissing employees also needs to abide by relevant laws and regulations, otherwise they will face unnecessary litigation risks.
If the unit fails to compensate the social security of dismissed employees according to the regulations, how should employees protect their rights? Employees can safeguard their legitimate rights and interests through the following channels: first, communicate with the unit and ask it to compensate social security according to regulations; If the unit cannot reach an agreement, it may apply to the local social security department or the labor dispute arbitration committee for arbitration; If you are still not satisfied with the arbitration result, you can bring a lawsuit to the court. At this time, you need to provide relevant evidence to prove that the unit has not compensated social security according to the regulations. In this process, it is recommended to consult a professional lawyer or legal service agency to avoid the failure of rights protection due to insufficient procedures or evidence.
After the unit dismisses employees, it needs to make social security compensation in accordance with relevant laws and regulations. Local social security departments and human resources departments have corresponding regulations, and the specific calculation methods and standards need to be determined according to the actual situation. Units should follow legal procedures when dismissing employees, otherwise they may face unnecessary litigation risks.
Legal basis:
Article 12 of the Social Insurance Law of People's Republic of China (PRC), the employing unit shall pay the basic old-age insurance premium in proportion to the total wages of its employees as stipulated by the state, and record it in the basic old-age insurance pooling fund. Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts. Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employing unit and other flexible employees who have participated in the basic old-age insurance shall pay the basic old-age insurance premiums in accordance with state regulations and record them in the basic old-age insurance pooling fund and individual accounts respectively.
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