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How to return social security for resigned employees
Legal basis: People's Republic of China (PRC) Social Insurance Law.
Article 19 If an employer refuses to issue a certificate of termination or dissolution of labor relations to the employee when terminating or dissolving the labor contract, resulting in the employee being unable to enjoy social insurance benefits, the employer shall be liable for compensation according to law.
Twentieth employees should pay social insurance premiums withheld by the employer. If the employer fails to withhold and remit according to law, the social insurance premium collection agency shall order the employer to pay within a time limit, and from the date of default, the employer shall be charged a late fee of 0.5% on a daily basis. The employer shall not require employees to bear the late payment fee.
Article 21 If an employer encounters serious difficulties in production and operation due to force majeure, it may, with the approval of the social insurance administrative department of the provincial people's government, postpone the payment of social insurance premiums for a certain period of time, generally not exceeding one year. During the suspension of payment, the late payment fee will be exempted. After the expiration, the employer shall pay the corresponding social insurance premium.
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