What if the original medical and social security unit does not reduce its staff?

The staff of the original unit who have not been laid off are as follows:

1. Require the original unit to reduce staff. If the unit does not cooperate, it is required to complete the reduction procedures within 15 days after leaving the company.

2. If the unit violates the rules and does not handle downsizing, it can report to the labor department, and the labor department will intervene.

3. If the original unit fails to go through the formalities of downsizing in accordance with the regulations, it needs to continue to bear the obligation of social security payment until the arrears are paid and the formalities of downsizing are completed.

Social insurance transfer and connection procedures:

1, social security downsizing process of the original unit: the original unit needs to submit an application for downsizing to the social security management department to complete the social security downsizing procedures for employees;

2. Personal social security information inquiry: employees can inquire personal social security information through social security card, social security bureau official website or social security self-service inquiry machine to confirm whether the downsizing is successful;

3. Social security recruitment process of the new unit: after employees join the new unit, the new unit needs to submit a recruitment application to the social security management department to include employees in the social security roster of the new unit;

4. Social security transfer application: employees need to fill in the social security transfer application form and submit it to the new unit or directly apply to the social security management department to complete the social security relationship transfer;

5. Confirmation of social security relationship: After the social security transfer is completed, employees should confirm whether a new social security relationship has been established to ensure that social security rights and interests are not affected.

To sum up, if the original company did not lay off employees, employees should first ask for layoffs. If you are rejected, you can ask for relevant formalities within 15 days after leaving your job. If the company doesn't do this in violation of the regulations, they can complain to the labor department and force the company to pay social security until they pay back and complete the reduction and exemption procedures.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 57

The employing unit shall, within 30 days from the date of its establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The social insurance agency shall, within fifteen days from the date of receiving the application, examine and issue the social insurance registration certificate. Where the social insurance registration items of the employing unit are changed or the employing unit is terminated according to law, it shall, within 30 days from the date of change or termination, go to the social insurance agency to handle the change or cancellation of social insurance registration. The market supervision and management department, the civil affairs department and the organization management organ shall promptly inform the social insurance agency of the establishment and termination of the employing unit, and the public security organ shall promptly inform the social insurance agency of the birth, death, household registration, migration and cancellation of the individual.

People's Republic of China (PRC) social insurance law

Article 84

If the employer fails to apply for social insurance registration, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.

People's Republic of China (PRC) labor contract law

Article 50, paragraph 1

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.

People's Republic of China (PRC) social insurance law

Article 85

If the employer refuses to issue a certificate of termination or dissolution of labor relations, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.