What about social security for employees who leave their jobs without pay?

The law does not provide for social security during unpaid leave. In principle, employers and employees negotiate on their own. If you leave your job without pay, the employer will generally stop paying social insurance to employees, and employees need to pay social insurance themselves during their leave without pay. There is no provision on unpaid leave in People's Republic of China (PRC) Labor Contract Law.

1. What about employee social security without pay?

The social security of employees who leave their jobs without pay shall be determined by both employers and employees through consultation.

1, the employee submits a written application, the enterprise approves it, and signs an agreement to leave the job without pay. If you apply for leave without pay, but leave without the approval of the enterprise, the enterprise will be treated as violating labor discipline.

2. The contents of the leave without pay agreement include: during the leave without pay, the enterprise stops paying wages, bonuses, various allowances and subsidies, and stops enjoying labor insurance benefits; Workers should pay the unemployment insurance fund, pension insurance fund and other expenses to the original unit on a monthly basis; If the employee pays the fee on schedule during the period of unpaid leave, the continuous length of service can be calculated; If an employee fails to go through the formalities of returning to work before the expiration of his unpaid leave, and fails to go through the formalities of resignation or transfer, the enterprise may leave his job on its own after the expiration of his unpaid leave, and issue a certificate of resignation; The term of unpaid leave shall be specifically agreed with the employees by the enterprise according to the needs of production or work.

Second, how to write the management system of unpaid leave?

Company's management system of leaving without pay

Chapter I General Provisions

Rule number one. In order to improve the personnel management system of the company, strengthen the management of the company's employees, and manage the employees who leave their jobs without pay, this system is specially formulated.

Article 2. This system is formulated by the administrative department with reference to the relevant regulations of the company's administration, and is applicable to the formal employees of the company.

Article 3. Leave without pay refers to the procedure that people who need to leave their jobs for more than 30 days (excluding) stop paying wages but keep their jobs.

Chapter II General Provisions

Article 4. If an employee of the company cannot work in the company for a long time due to special circumstances such as long-term study, marriage leave, family reasons or long-term medical treatment due to physical reasons, and needs to go through the formalities of leaving without pay, the employee shall fill in the Application Form for Leaving without Pay (see Appendix 1 for details) three working days in advance, and after the approval of the department head, the management department and the general manager, according to the contents of the Application Form for Paid Suspension (see Appendix 2 for details). Those who leave without proper reasons will not be hired.

Article 5. During the leave without pay, employees need to sign the Leave Without Pay Agreement according to company regulations.

Article 6. Employees who engage in similar jobs in the same industry as the company without pay will be deemed to have left the company once verified; Anyone who can't go to work without pay within one month is regarded as leaving.

Article 7. Handover procedures and recovery management

1. The procedures of resignation handover and salary payment for those who leave without pay are the same as those for resignation. Fill in the Employee Resignation Handover Form (see Annex 4 for details) and examine and approve it according to regulations;

2. Employees who leave without pay should report to the company one month in advance if they need to return to work after the agreed leave without pay expires, so that the company can arrange employment after the expiration. If you can't return to the company after the expiration of unpaid leave, you must continue to go through the formalities within one week after the expiration of the agreed time, otherwise the company will be deemed to have left the company automatically.

3. After the employee leaves the company without pay, the company has no obligation to keep the original position for him. When employees leave their jobs without pay, the company will arrange relevant positions according to actual work needs.

Article 8. Treatment of employees who leave without pay.

1. Employees who leave their jobs without pay will no longer enjoy all benefits such as wages and bonuses when they are on the job.

2. Personal files, salary relationship and length of service can be retained during the period of unpaid leave.

Article 9. When employees ask for reinstatement after the expiration of unpaid leave, they need to fill in the "Application Form for Reinsertion" and go through the formalities of reinstatement only after being approved by the head of the original department, the management department and the general manager.

Article 10 Other related matters shall be handled in accordance with the company's management rules and regulations.

supplementary terms

This system shall be implemented after being signed and issued by the general manager, and it shall also be applicable when revised.

This system shall be implemented as of the date of promulgation.

If there are no special circumstances in labor relations, the employer will not leave without pay. If he suffers an industrial accident, he is also suspended with pay. During the paid suspension, the employer needs to continue to pay social security for employees.