Social Security of Institutions after Being Sentenced and Dismissed from Public Office

People who are expelled from public office will no longer enjoy the social security benefits paid by the unit, but the social security paid by individuals still exists.

I. Changes in social security contributions

Once a staff member of a public institution is expelled from public office due to a sentence, the unit will stop paying social security fees for him. This means that from the date of dismissal, individuals will no longer enjoy the social security benefits paid by the unit, including pension insurance, medical insurance and unemployment insurance.

The second is the handling of personal social security accounts.

Although the unit no longer pays social security for those who have been expelled from public office, the social security fees paid by individuals still exist and will continue to accumulate in personal social security accounts. This part of the funds belongs to personal rights and interests and will not disappear because of dismissal from public office.

Three. Suggestions on follow-up social security benefits

For those who are dismissed from public office, it is recommended to know the personal social security account in time and choose whether to continue to pay social security in the name of individuals according to their own situation. Continuing to pay social security helps to ensure that individuals can accumulate enough payment years and enjoy corresponding social security benefits when they reach the legal retirement age.

Fourth, legal relief.

If a person who is expelled from public office thinks that the unit has improper behavior in social security benefits, he can safeguard his legitimate rights and interests through legal channels. For example, you can file an administrative lawsuit or apply for labor arbitration, and ask the unit to resume social security payment or give corresponding compensation.

To sum up:

After being dismissed from public office due to sentence, the staff of public institutions no longer enjoy the social security benefits paid by the unit, but the social security fees paid by individuals still exist. Individuals should know their social security accounts in time and choose whether to continue to pay social security according to their own situation. At the same time, if you think that the unit has misconduct in social security benefits, you can safeguard your legitimate rights and interests through legal channels.

Legal basis:

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

Article 10 stipulates:

Employees should participate in basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, and employers and employees should jointly pay basic old-age insurance, basic medical insurance and unemployment insurance.

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

Article 39 provides that:

The employing unit may terminate the labor contract if the laborer is under any of the following circumstances: (6) Being investigated for criminal responsibility according to law.

Law of People's Republic of China (PRC) on Administrative Punishment of Public Officials

Article 14 stipulates:

Public officials who are punished for crimes or deprived of political rights shall be dismissed.