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What about social security after being fired?
1. If the company dismisses its employees, it shall go through the formalities of stopping insurance as soon as possible. According to the law, it should be completed within 15 days after the termination of labor relations. Depending on the company's operation, it is generally to stop paying social security immediately, otherwise it will be the company's loss. Social security can be transferred from the original company after resignation. If you find a new unit immediately after resigning, the new unit can go through the transfer formalities and renew the insurance.
2. Legal basis: Article 37 of People's Republic of China (PRC) Labor Contract Law.
The employee may terminate the labor contract by giving a written notice to the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38
Under any of the following circumstances, the employer unilaterally terminates the labor contract, and the employee may terminate the labor contract:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Second, what is the way of social security transfer after being dismissed?
1. After the insured establishes the basic old-age insurance relationship in the new employment place and pays the fee according to the regulations, the employer or the insured puts forward a written application for the transfer and continuation of the basic old-age insurance relationship to the social security agency in the new employment place;
2. The social security agency of the newly insured place will review the application for transfer and continuation within 15 working days, issue an acceptance letter to the social security agency where the insured person's original basic old-age insurance relationship is located, and provide relevant information. If it does not meet the conditions for transfer and continuation, it will make a written explanation to the applicant or the insured person.
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