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Social security arrears can be reduced
Legal analysis: according to the provisions of the relevant laws of China, the company owes social insurance is not a ban on layoffs, so owed social security can be laid off, but the employee can ask the employer to make up for the arrears of social security.
Legal basis: "The Chinese People's **** and the State Labor Contract Law" Article 41 One of the following circumstances, the need to reduce the staff of more than twenty or less than twenty but accounted for more than ten percent of the total number of employees of the enterprise, the employer thirty days in advance to the trade unions or all the workers explain the situation, listen to the trade unions or the views of the employees, the program of reduction of staff by the labor administration departments to report. Reduction of staff can be: (a) in accordance with the provisions of the Enterprise Bankruptcy Law for reorganization; (b) serious difficulties in production and operation; (c) enterprise conversion, major technological innovation or business adjustment, after changing the labor contract, still need to reduce the number of staff; (d) other due to the conclusion of the labor contract based on the conclusion of the labor contract of the objective economic situation of the occurrence of significant changes in the labor contract can not be fulfilled.
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