How does the law provide for the sealing of social security?

The law provides that the sealing of social security, can be in accordance with the sealing of the application, submit the relevant materials, social security departments to review the materials, the sealing of the social security program to carry out legal processing, specific cases can be based on the actual social security payments to carry out legal determination of the processing.

One, the law stipulates that the social security how to seal?

The law provides that the sealing of social security, to be submitted by the relevant personnel to the social security department to handle the material, in the social security department review through the sealing of the specific conditions:

1, the employer and the worker can agree to suspend the performance of the labor contract

In the "on the enterprise workers require" stopping pay to stay on duty "Notice on the issue of enterprise workers requesting" suspension of pay "during the period of" suspension of pay "will not be promoted, do not enjoy a variety of allowances, subsidies and labor insurance and welfare benefits. Although the term "leave without pay" belongs to the terminology of labor under the planned economic system, but when the employer and the worker agreed to temporarily not to bear each other's rights and obligations, but to retain the labor relationship practice, is not prohibited by law.

2, the suspension of the labor contract can be agreed not to pay social security and for the "sealing" operation

The labor contract is a double contract, the employer and the worker rights and obligations arising from the two sides to perform the obligations contained in the labor contract. Therefore, when the employer and the worker agree to suspend the contract, the worker does not work for the employer for a while, and the employer does not pay the worker's salary and social security contributions for a while, the employer should handle the social security "sealing" operation.

Second, the sealing of social security to provide the appropriate materials

(1) labor contract suspension of the performance of the person, you need to bring the original labor contract suspension of the original documents and copies;

(2) detained, detention review, etc., you need to bring the public security, judicial and other departments to issue the original certificate and copies;

(3) For missing persons, the original and a copy of the document declaring them missing by the court;

(4) For persons whose whereabouts are unknown, the original and a copy of the certificates issued by the public security department or a written application confirmed by the signature of an immediate family member.

The general employer's can provide the social insurance agency with the "Labor Contract Suspension of Performance Agreement" and other agreed documents, which must state that during the suspension period, the employer does not pay social insurance for the workers. Another common situation is that before a worker is formally held criminally liable, the labor relationship cannot simply be terminated for the transfer of social security, but the sealing operation can be handled based on supporting documents from the public security and judicial departments. When a worker is recruited into the army, he should also rely on the local armed forces department to provide the "enlistment notice" and other materials for the sealing operation.

In judicial practice, for social insurance sealing can bring personal data and social security information to the local social security bureau for the social security sealing, social security sealing, there is a certain impact on the individual's social security, personal account sealing period expired, the district and county social security centers should be timely notification of the unit and in accordance with the provisions to be unsealed or transferred to the need to continue to be sealed, is still in accordance with the provisions of the procedure.