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What circumstances can terminate the labor contract for non-payment of social security
The worker can terminate the labor contract for non-payment of social insurance by the employer, which can be done in accordance with the provisions of Article 38 of the Labor Contract Law, which stipulates that the worker can terminate the labor contract immediately, without prior notice to the employer, and request the employer to carry out the work handover, go through the separation formalities and pay the indemnities (one month's salary for each year of service). Article 38 of the Labor Contract Law allows a worker to terminate an employment contract if the employer: (a) fails to provide labor protection or labor conditions as agreed in the employment contract; (b) fails to pay labor remuneration in full and on time; (c) fails to pay social insurance premiums for the worker in accordance with the law; (d) the employer's rules and regulations are in contravention of the laws and regulations, and are detrimental to the rights and interests of the workers; (e) The labor contract is invalid due to the circumstances stipulated in Paragraph 1 of Article 26 of this Law; (f) Other circumstances under which the laborer may terminate the labor contract as stipulated by laws or administrative regulations. If an employer forces a worker to work by means of violence, threat or unlawful restriction of personal freedom, or if the employer endangers the worker's personal safety by directing or ordering risky work in violation of regulations, the worker may terminate the employment contract immediately without prior notification to the employer.
Legal Objective:Article 38 of the Labor Contract Law stipulates that workers may terminate the labor contract if the employer: (a) fails to provide labor protection or labor conditions as agreed in the labor contract; (b) fails to pay labor remuneration in full and on time; (c) fails to pay social insurance premiums for the workers according to the law; (d) the employer's rules and regulations are in violation of laws and regulations, and the rules and regulations are in violation of laws and regulations. (d) the employer's rules and regulations violate the provisions of laws and regulations and harm the rights and interests of the workers; (e) the labor contract is invalid due to the circumstances stipulated in the first paragraph of Article 26 of this Law; and (f) other circumstances in which the workers may terminate the labor contract as stipulated by laws and administrative regulations. If an employer forces a worker to work by means of violence, threat or unlawful restriction of personal freedom, or if an employer violates regulations or orders risky work that endangers the worker's personal safety, the worker may terminate the employment contract immediately without prior notice to the employer. Article 100 of the Labor Law, the employer does not pay social insurance premiums for no reason, the labor administration department shall order it to pay within a certain period of time; if the payment is not made within a certain period of time, a late fee may be charged.
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