Did not pay social security how to recognize the length of service

I, no social security how to recognize the length of service

Not pay social security can not be counted as length of service.

Social insurance

Social insurance refers to the state in order to prevent and compel the majority of the members of society to participate in the function of income redistribution of non-profit social security system.

Social insurance is a social and economic system that provides income or compensation for the population that is incapacitated, temporarily out of work or has suffered losses due to health reasons. The social insurance scheme is organized by the government, which forces a certain group of people to form a social insurance fund by paying a part of their income as social insurance tax (fee), and the insured can receive a fixed amount of income or compensation for loss from the fund if certain conditions are met, and it is a kind of redistributive system, which aims at ensuring the reproduction of material and labor force as well as the stability of the society. The main items of social insurance include pension insurance, medical insurance, unemployment insurance, industrial injury insurance, and maternity insurance.

1, social security and years of service are two concepts, years of service refers to the person's years of work, for the employer, it is the date of the establishment of labor relations with the employer, to the date of the labor contract for the termination of the book of the time limit;

2, according to China's Social Insurance Law, the person belongs to the state-owned enterprises and institutions to participate in the basic after the establishment of the labor contract Pension insurance before the age of service, is deemed to be pension insurance contribution period;

3, in the deemed contribution period should pay the basic pension insurance premiums borne by the government, the basic pension insurance fund is insufficient to pay, the government to give subsidies;

4, the parties to reach the legal retirement age when the cumulative contributions of fifteen years, receive a monthly basic pension; cumulative contributions less than fifteen years, can contribute to the full fifteen years, can contribute to the full fifteen years, can contribute to the full fifteen years.

5, can also be transferred to the urban and rural residents social pension insurance, and enjoy the corresponding pension insurance benefits.

Three, do not sign a labor contract can pay social security

The Labor Law stipulates that the establishment of labor relations should sign a labor contract, and the signing of the labor contract should follow the principle of equality and voluntariness, consensus. Therefore, in the case of Zhang's disagreement with the content of the labor contract, the right to refuse to sign the labor contract. So does not sign a labor contract constitute the employer does not pay social insurance premiums? In this case, Zhang did not sign a labor contract with the original unit, but Zhang worked in the unit for more than 3 years, forming a de facto labor relationship.

According to Article 72 of the Labor Law, employers and workers must participate in social insurance and pay social insurance premiums according to law. It can be seen that the payment of social insurance premiums is a legal obligation of the employer and the worker, as long as the two parties have a labor relationship, regardless of whether the labor contract is signed, should be paid.

In practice, in the process of enterprise labor management, especially in the case of departmental private employment, often departmental managers according to the production tasks, in the case of heavy production tasks, directly employing a large number of workers, in the case of reduced production tasks, and then directly to be dismissed. This practice is also called seasonal or temporary employment in some enterprises. Enterprises do not sign labor contracts with these people and do not pay social insurance premiums on the grounds that they do not sign contracts. This mode of employment is in complete conflict with today's legal environment, enterprises directly employing workers belong to the establishment of labor relations, should pay social insurance premiums.

Article 72 of the Labor Law determines the source of funds for the social insurance fund according to the type of insurance, and gradually implements social integration. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.

In our real life, many people may not be particularly aware of the calculation of the length of service, but in fact, the calculation of the length of service will seriously affect the enjoyment of the unfavorable, such as the occurrence of work-related injuries, but also need to be based on the length of the length of the service to calculate the relevant compensation for some of the costs.

Unpaid social security may have an impact on the determination of the length of service. In some countries or regions, social security payment is one of the important bases for recognizing the length of service. Usually, the number of years of social security contributions can only be counted as years of service if the social security is formally paid and certain payment requirements are met. Therefore, if a person has not made the required social security contributions, it may not be possible to count that time period as years of service. However, the specifics may vary by region and by law. It is recommended that you consult a local labor law professional or relevant agency for more accurate and specific information and advice.

Legal basis:

The Social Insurance Law of the People's Republic of China:

Chapter 2 Basic Pension Insurance

Article 19 If an individual is employed across the integrated region, his/her basic pension insurance relationship is transferred to him/her, and his/her years of contributory service are cumulative. When an individual reaches the legal retirement age, the basic pension is calculated in segments and paid uniformly. The specific measures shall be prescribed by the State Council.