Job Recruitment Website - Social security inquiry - The latest social security regulations during the period of unpaid leave in 2023

The latest social security regulations during the period of unpaid leave in 2023

The latest social security regulations during the period of unpaid leave in 2023: both parties who bear the social security expenses can negotiate and confirm.

During the period of unpaid leave, the enterprise shall pay social security for the employees, but both parties who bear the social security expenses can confirm through consultation. Because it is a compulsory obligation stipulated by law for enterprises to pay social insurance premiums for employees, it will not be abolished because of the agreement between enterprises and employees. As long as the labor relationship between enterprises and employees persists, enterprises should continue to pay social insurance premiums for employees.

Handling of unpaid leave:

1. If an employee wants to leave without pay, he/she shall submit a written application and submit it to his/her unit for approval. The enterprise and the employees who have approved the leave without pay shall sign a leave without pay contract and report it to the competent department of the enterprise and the labor department where the enterprise is located for the record.

This contract shall be negotiated by both parties, and its contents shall include: duration of unpaid leave (no more than 3 years), salary and labor insurance benefits during unpaid leave, calculation period and other matters that both parties think need to be clarified.

If you leave your job without approval, the unit will be treated as violating labor discipline.

2. After the expiration of the contract, employees who leave their jobs without pay still return to their original units for reinstatement. If the original unit can't arrange it, it can be handled according to the measures stipulated by the Provincial Labor Bureau. If the original unit is merged with other units or has been revoked, it shall be arranged by the merged unit or the higher authorities of the original unit. If it cannot be arranged, it shall be handled according to the provisions of document 1997. Provincial labor bureau 16 1.

The relevant issues during the period of unpaid leave are dealt with as follows:

1. Salary: during the period of unpaid leave, wages, bonuses, various allowances and subsidies (including housing subsidies) will be stopped, and my standard salary will be kept as file salary;

2. Labor insurance benefits: employees do not enjoy various benefits, labor insurance allowances and labor protection articles of the original unit during their unpaid leave;

3. Calculation of length of service: Employees should pay retirement pension funds and unemployment insurance funds to their original units on a monthly basis during their unpaid leave. Those who pay can be counted as continuous service, and those who don't pay can't be counted as continuous service. The payment amount (including personal payment) shall not be less than 25% of the total monthly salary of the employee before leaving the job without pay. If an employee returns to the original unit to reach retirement age during the period of unpaid leave or after the expiration, the original unit shall go through retirement procedures;

4. Handling of industrial accidents: If an employee is left without pay, the employer shall be responsible for handling normal deaths, casualties or casualty accidents, and all expenses incurred due to incapacity or death shall be borne by the employer. Employees seek to start their own businesses after leaving their jobs without pay. In case of normal or accidental casualties, it shall be treated as non-work-related casualties. The pension expenses of the original unit shall be paid in accordance with the relevant provisions;

5. If the employee requests to continue to leave without pay at the expiration of the contract, he should apply to the original unit before the expiration of the contract and renew the contract without pay after approval; If the contract is not renewed upon expiration, and the original unit does not return it within 15 days, it can be transferred from the original unit;

6. If an employee is sent to reeducation through labor and sentenced by a judicial organ during his unpaid leave, the original unit may dismiss or dismiss him.

To sum up, during the unpaid leave, the social security is still paid by the original unit to help the parties, but the salary is stopped according to the regulations. Continuing to pay social security is the minimum guarantee that the parties will not get into trouble because they leave their jobs without pay.

Legal basis:

Article 12 of the Social Insurance Law of People's Republic of China (PRC)

The employing unit shall pay the basic old-age insurance premium according to the proportion of the total wages of its employees stipulated by the state, and record it in the basic old-age insurance pooling fund.

Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employing unit and other flexible employees who have participated in the basic old-age insurance shall pay the basic old-age insurance premiums in accordance with state regulations and record them in the basic old-age insurance pooling fund and individual accounts respectively.

Article 60

The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.

Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.