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How to operate the company's staff reduction and social security
The unit can bring its business license, employee identity information, resignation certificate or seal of the unit and other materials, and submit an application for social security relief to the local social insurance agency according to law, which will be audited by the social security agency; Those who pass the examination shall be registered for downsizing and their social security expenses shall be verified according to law.
Personal ways to deal with the loss of social security are as follows:
1. Individuals go to the social security center with labor contracts, copies of ID cards, and application materials of new companies to force staff reduction, but whether they can be successfully handled depends on factors such as whether your old company is in arrears, how much it is in arrears, and whether it is cancelled. If the original unit has been cancelled, you need to go to the industrial and commercial bureau to get the cancellation certificate before you can apply for social security reduction;
2. If the original unit has no situation, that is, it does not cooperate with the social security reduction, we can go to the Labor Bureau to apply for arbitration from the original unit and ask the Labor Bureau to issue documents to the Social Security Bureau to reduce the staff. According to the Labor Law, the employer must assist in handling the social security transfer procedures within 0/5 days after the employee leaves the company. If there is a labor dispute between an individual and an employer, it can be settled through arbitration.
To sum up, if the payment time is too long after the social security is stopped or the social security is reduced, it will automatically cut off the file, but it will not affect the endowment insurance, as long as the employee pays before retirement 15 years.
Legal basis:
Article 57 of People's Republic of China (PRC) Social Insurance Law
The employing unit shall, within 30 days from the date of its establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The social insurance agency shall, within fifteen days from the date of receiving the application, examine and issue the social insurance registration certificate.
Where the social insurance registration items of the employing unit are changed or the employing unit is terminated according to law, it shall, within 30 days from the date of change or termination, go to the social insurance agency to handle the change or cancellation of social insurance registration.
Article 58
The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
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