The company suspended the payment of social security during the period just before leaving the job

The period during which the company suspends the payment of social security just before leaving the company may have an impact on the social security rights and interests of the departing employee. For this situation, need to be analyzed and dealt with on a case-by-case basis.

For the company to suspend the social security period just leaving the situation, need to be analyzed in three cases: first, the company did not pay the impact of social security, the second is the possibility of leaving the employee to obtain social security rights and interests, and the third is the maintenance of legal rights and interests. For the first situation, the departing employee can consult the employer or social security agency to understand the specific situation and impact of social security contributions; for the second situation, the departing employee can learn from the social security agency about the history of social security contributions and personal social security rights and interests, and at the same time, can negotiate with the previous employer to deal with the situation; for the third situation, the departing employee can safeguard their legitimate rights and interests according to the law, and lodge a complaint with the relevant departments or labor arbitration agencies. Labor arbitration institutions to file a complaint, the pursuit of due compensation or compensation.

In practice, for the company to suspend the payment of social security during the case of just leaving, the departing employee should also be based on the specific circumstances of the reasonable response and processing. Some companies in order to cut costs, may intentionally or unintentionally delay the payment of social security, such behavior is illegal, leaving the employee can be to the supervisory departments to complain or go through the legal process. At the same time, if the departing employee believes that his or her social security rights and interests have been lost, he or she can file a lawsuit or request for arbitration with the labor arbitration agency or the court in accordance with the provisions of the Social Insurance Law.

For the company to suspend the payment of social security during the just leave the situation, the departing employees need to be based on the actual situation of reasonable response and processing, while maintaining their legitimate rights and interests in accordance with the law.

Legal basis:

Social Insurance Law, Article 86, the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order the payment of a limited period or make up the full amount, and from the date of non-payment of social insurance premiums, the late payment of five ten-thousandths of one percent of the amount of the late payment of the day; the late payment of the amount of non-payment of the fine of not less than one and three times the amount of non-payment of the administrative departments concerned.