Cut off social security before leaving the company

Illegal, did not terminate the labor relationship, the unit must pay social security for workers.

Article 72 The sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

Article 100th If an employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit; Late payment, you can add a late fee.

What if the company doesn't pay social security?

According to the regulations, the unit handles social insurance procedures for employees and pays social insurance premiums for employees, and the part borne by individuals is withheld and remitted by the unit from my salary.

Employees must sign a contract with the unit when they join the company. In the event of a dispute, the contract can be used as proof of the formation of labor relations between employees and units. According to the Labor Contract Law, Social Insurance Law and other relevant laws, as long as there are labor relations, enterprises should handle social security for employees.

For employees who have not signed a contract, employees can keep all kinds of materials that can prove the existence of labor relations with the unit, such as salary slips, stamp certificates, work clothes, etc.

Once the unit fails to apply for social security, it can complain to the local labor department, and the government department will conduct inspection and supervision and order it to pay back the employee social security.

At the same time, according to the Labor Contract Law, if a company fails to pay social insurance premiums for its employees, it may terminate the labor contract and pay economic compensation.

Reminder:

1. If the company pays social insurance premiums to employees in the form of wages, it is illegal for employees to join the insurance themselves.

2. If the employer and the employee evade their social insurance obligations by concluding an agreement, the agreement is invalid because it violates the mandatory provisions of the law.

Article 84 of the full text of the Social Insurance Law of People's Republic of China (PRC) * * * If the employer fails to register for social insurance, 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.

Article 85 Where an employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be handled in accordance with the provisions of the Labor Contract Law of People's Republic of China (PRC).

Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.

Article 87 Where social insurance agencies, medical institutions, pharmaceutical trading entities and other social insurance service institutions defraud social insurance fund expenditures by means of fraud or forgery of certification materials, the social insurance administrative department shall order them to return the defrauded social insurance money and impose a fine of more than 2 times but less than 5 times the amount defrauded; If it belongs to a social insurance service institution, the service agreement shall be terminated; If the directly responsible person in charge and other directly responsible personnel are qualified, their qualifications shall be revoked according to law.