Job Recruitment Website - Social security inquiry - Can the company leave directly without paying social security?
Can the company leave directly without paying social security?
If the unit fails to pay social insurance premiums on time, employees can resign at any time and ask the unit to pay social insurance premiums.
Article 38 of the Labor Contract Law stipulates that if the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract at any time without taking any responsibility.
The Administrative Regulations on the Declaration and Payment of Social Insurance Premium requires that the employer shall register social insurance for its employees and declare and pay social insurance premiums within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
The social insurance premiums mentioned in the regulations refer to the basic old-age insurance premiums, basic medical insurance premiums, work-related injury insurance premiums, unemployment insurance premiums and maternity insurance premiums paid by employers and their employees according to law.
According to the regulations, the employer shall inform the employees themselves of the details of the payment of social insurance premiums on a monthly basis, inform the employees' congress of the unit every year or announce the payment of social insurance premiums in a prominent position in the unit's residence, and accept the supervision of the employees. The details and changes of the payment declared by the employer on behalf of the employee must be signed by the employee himself and kept by the employer for future reference.
In view of the fact that some employers fail to pay social insurance premiums in full and on time, the regulations are clear. The social insurance agency shall order it to pay within a time limit or make up for it, and impose a late payment fee of 0.5‰ on a daily basis from the date of default; If it fails to pay within the time limit, the administrative department of social insurance shall impose a fine of 1 times and less than 3 times.
Can I ask for financial compensation if I resign?
The economic compensation for the termination of the labor contract stipulated in the Labor Contract Law refers to the termination of the contract or the dismissal of the employee by the unit before the expiration of the contract. In order to solve the life difficulties of the employee before finding a new job, the unit should give the employee some economic compensation. Individual employees ask to resign in order to find another job, and the unit does not give economic compensation.
The employee's request to terminate the labor contract in advance is a breach of contract by the employee and should bear the liquidated damages. However, according to the new Labor Contract Law, "the amount of liquidated damages shall not exceed the training expenses provided by the employer." If your company doesn't provide you with training fees, you don't need to bear the responsibility of paying liquidated damages.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 38 of the Labor Contract Law stipulates that if the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract at any time without taking any responsibility.
The Administrative Regulations on the Declaration and Payment of Social Insurance Fees requires that the employer shall register social insurance for its employees and declare and pay social insurance fees within 30 days from the date of employment. 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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