Job Recruitment Website - Social security inquiry - Finally, what if the social security company does not lay off employees?
Finally, what if the social security company does not lay off employees?
1. If the original unit has been cancelled, the employee can go to the social security agency of the insured place to handle the staff reduction with the enterprise cancellation certificate issued by the Market Supervision Administration;
2. If the original unit has not been cancelled and has not gone through the formalities of terminating the contract or reducing staff according to the regulations, it may bring a lawsuit to the Labor and Personnel Dispute Mediation and Arbitration Institute, terminate the labor contract with the original unit, and then go through the formalities of reducing staff through an award.
The company's compensation standard for layoffs is to pay one month's salary every year according to the number of years the workers have worked in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
Social insurance is a social and economic system that provides income or compensation for those who lose their ability to work, are temporarily unemployed or suffer losses due to health reasons. The main items of social insurance include endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance. The company must pay social security for its employees, which is a legal obligation. Even if the workers themselves are unwilling to pay the company, they should also pay social security for them.
Legal basis:
Labor Contract Law
Article 50
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.
Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.
The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.
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