Job Recruitment Website - Social security inquiry - I left my job, paid social security and asked me to pay it.
I left my job, paid social security and asked me to pay it.
I. Obligation to pay social security fees
Paying social insurance premiums is the statutory welfare and guarantee provided by employers for employees according to the provisions of relevant laws and regulations. According to the relevant provisions of the Social Insurance Law of People's Republic of China (PRC), the employer shall pay various social insurance premiums for employees in accordance with the proportion and standards stipulated by the state.
Second, the handling of social security expenses after leaving the company
When employees leave their jobs, they should handle the paid social security fees according to law. Generally speaking, the social security account of the resigned employee will be settled, and the amount to be refunded or returned will be determined according to the payment during the employee's work. In this process, the responsibilities and obligations of both employers and employees are clear, and employers cannot unilaterally require employees to bear the social security fees paid.
Three. Measures to meet the company's requirements for social security expenses
If the company requires you to bear the paid social security fees after leaving your job, you can take the following measures:
1. Communication with the company: First, you can communicate with the company's human resources department or the relevant person in charge, clearly express your position and legal basis, and ask the company to handle social security fees according to law.
2. Consult relevant laws and regulations: In order to better safeguard your rights and interests, you can consult People's Republic of China (PRC) Social Insurance Law and other relevant laws and regulations to understand your rights and obligations.
3. Seek legal help: If the company insists that you bear the social security expenses, you can seek legal help and file a lawsuit with the labor arbitration institution or the court to safeguard your legitimate rights and interests.
To sum up:
It is unreasonable for the company to ask employees to pay social security fees after leaving their jobs. According to the Social Insurance Law of People's Republic of China (PRC) and other relevant laws and regulations, employers are obliged to pay social security fees for employees. After leaving the company, the social security expenses shall be handled according to law, and the employer cannot unilaterally require employees to bear the expenses. Faced with such problems, employees should communicate with the company, consult relevant laws and regulations, seek legal help and safeguard their legitimate rights and interests.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 10 stipulates:
Employees should participate in basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, and employers and employees should pay basic old-age insurance, basic medical insurance and unemployment insurance in accordance with state regulations.
People's Republic of China (PRC) labor contract law
Article 50 provides that:
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.
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