Job Recruitment Website - Social security inquiry - There is only one person left in the company. Can social security still reduce staff?
There is only one person left in the company. Can social security still reduce staff?
First, the basic conditions of social security attrition
Social security attrition usually refers to the company reducing the insured's behavior according to employees' resignation, retirement or other reasons. However, when the company has only one employee, the situation becomes relatively special. In this case, whether the company can reduce the number of social security personnel mainly depends on whether the employees are still working in the company and the specific regulations of the local social security agency.
Second, the influence of employees' on-the-job situation.
If the company's only remaining employee is still in his post and working normally, then as a rule, the company cannot unilaterally reduce social security personnel. Because social security is a system established to protect the rights and interests of employees, the company should pay the corresponding social security fees for employees during their tenure.
However, if employees have left or retired, the company can reduce the number of employees participating in social security according to the actual situation. However, it should be noted that even if employees leave or retire, the company needs to handle the social security relationship transfer or termination procedures for employees in accordance with relevant regulations.
Third, the provisions of local social security institutions.
In addition to considering the employment situation of employees, companies also need to know the specific regulations of local social security institutions. There may be differences in social security policies in different regions, and there may be different regulations on whether companies can reduce social security personnel when there is only one employee left. Therefore, the company should consult the local social security agencies to understand the specific policy requirements and operational procedures before carrying out relevant operations.
Fourth, the importance of compliance management.
Whether the company can reduce social security personnel needs to ensure that the operation complies with relevant laws and regulations. Illegal operation may lead to fines, legal liabilities and other risks. Therefore, a company should consult a professional legal person or relevant institution when making social security relief or other related operations to ensure the compliance of the operation.
To sum up:
With only one employee left in the company, whether the number of social security personnel can be reduced needs to be judged according to the on-the-job situation of employees and the specific regulations of local social security agencies. When doing relevant operations, the company should ensure compliance and avoid the risk of violation.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 58 provides that:
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.
People's Republic of China (PRC) labor contract law
Article 72 provides that:
The social insurance fund shall determine the source of funds according to the types of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.
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