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Can social security reduce its staff by itself?
Social security can not be reduced or exempted by the parties themselves, and only the procedures for suspension or suspension can be handled. China's "Labor Contract Law" stipulates that when an employer cancels or terminates a labor contract, it shall issue a certificate of cancellation or termination of the labor contract, and go through the formalities of transferring the relationship between files and social insurance for the employee within 15 days. Generally speaking, the unit is required to apply for social security relief, but if the unit does not cooperate, the original unit has been cancelled or the original unit owes too much social security, it can also apply for social security relief on its own. There are two main ways to deal with individuals:
(1) Individuals bring the new unit's labor contract, copy of ID card and application materials to the social security center for compulsory downsizing, but whether it can be successfully handled is also related to factors such as whether your old unit owes money, how much it owes, and whether it is cancelled. If the old unit has been cancelled, you need to go to the industrial and commercial bureau to get the cancellation certificate before you can apply for social security reduction.
(2) If there is no situation in the original unit, it just does not cooperate with the reduction of social security staff. You can go to the labor bureau to apply for arbitration in the original unit, and let the labor bureau send documents to the social security bureau to reduce staff. According to the Labor Law, the employer must assist in handling the social security transfer procedures within 0/5 days after the employee leaves the company. If there is a labor dispute between an individual and an employer, it can be settled through arbitration. When you leave your job, you must handle the social security relationship well to avoid unnecessary losses caused by social security payment.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days.
Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.
The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.
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