Leave at the end of the month, will the company pay social security next month?

Yes, according to the national regulations, you should pay the corresponding social security in the month when you work there and receive labor remuneration. Didn't say anything about the salary cycle. You can see when my labor contract is dissolved or terminated. If it's February 15, you have to pay insurance. If you have a salary, you should have insurance.

At present, some companies do have their own system regulations, such as leaving their jobs in the first half of the month and not giving insurance, but this is not in line with the law. As long as the employee works in the company this month, the company has the obligation to pay insurance for the employee.

You can report directly to the social security center or the inspection brigade, ask the company to make up the insurance, or arbitrate to make up the insurance, which will be supported. But the personal part still has to be borne by yourself.

In the month when employees leave their jobs, the original unit will pay insurance for them according to normal conditions, and the payment will be suspended from the next month.

From the following month (including the following month), the parties may transfer the flexible employees to social security to continue to pay insurance premiums, or transfer them to a new unit to continue to pay insurance premiums. At that time, the payment period and personal account balance will be calculated cumulatively.

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Recently, an article on "New Provisions of the Labor Law" was widely circulated on the Internet, saying that "according to the latest provisions of the Labor Law, employees who voluntarily give up buying social insurance can get a sum of compensation from enterprises when they leave their jobs". In this regard, Ministry of Human Resources and Social Security yesterday denied that there is no such latest regulation.

At the same time, however, it is emphasized that the Letter of Commitment (Application) signed by the employer and the employee for voluntary abandonment of purchasing social security has no legal effect.

The rumor has been circulated several times.

The Beijing Youth Daily reporter learned that this rumor first appeared at the beginning of this year. A website published an article "20 18 Latest Labor Law" on June 5438 this year, which clearly stipulated that employees voluntarily gave up social security. Will the company still lose money? "News.

The news said: Xiao Li joined the work, and the company did not sign a labor contract and asked him to sign the "Commitment Letter for Employees to Voluntary Abandon the Purchase of Social Security (Application)". Because Xiao Li realized the importance of paying social security, he asked the company to pay it back, but the company refused on the grounds of signing the agreement. After Xiao Li left her job, she applied for labor arbitration.

In this regard, the Arbitration Commission ruled that the company should pay twice the wage difference of Xiao Li who did not sign a written labor contract and the economic compensation for the termination of the labor contract.

In April, this rumor was completely changed. The protagonist "Xiao Li" was changed to "Xiao Wang", which was also the content of signing a letter of commitment to give up social security, and then went to the relevant departments to complain and get compensation. The title is changed to "20 18 Labor Law: Employees agree to give up social security and get large compensation after leaving their jobs".

Since then, some media websites and official WeChat accounts have been reprinted, and the title has been changed to "New Rules of Labor Law: Employees agree to give up social security and get large compensation after leaving their jobs", which immediately attracted the attention of netizens and misled them.

There are no latest provisions in the labor law.

Regarding this rumor, Ministry of Human Resources and Social Security made it clear yesterday that there is no such new regulation, and neither the Labor Law, the Labor Contract Law nor the Social Insurance Law has the latest stipulation that employees can voluntarily give up social security and get a sum of compensation when they leave their jobs.

At the same time, Ministry of Human Resources and Social Security stressed that the Letter of Commitment for Employees to Voluntary Abandon the Purchase of Social Security (Application) signed by the employer and employees has no legal effect. According to Article 72 of the Labor Law:

The social insurance fund shall determine the source of funds according to the types of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law. At the same time, there are similar clauses in the Social Insurance Law and the Labor Contract Law.

Therefore, paying social insurance premiums is the legal obligation of employers and individuals. It cannot be exempted according to the wishes of the laborer or the employer, otherwise it will bear corresponding legal responsibilities.

That is to say, whether workers are unwilling to pay social security for fear of complicated procedures or unwilling to bear personal contributions, or individual employers require employees to sign waiver agreements to save money or save trouble and pay social insurance for employees instead, certain insurance subsidies will be paid as compensation, which is inconsistent with the regulations and has no legal effect.

Employees can ask the unit to pay social security.

Then, the employee and the unit agreed to give up social security. Can employees ask the company to pay back the money after leaving the company? Ministry of Human Resources and Social Security pointed out that workers' commitment to give up paying social insurance premiums cannot exempt employers from paying social insurance premiums for workers.

Therefore, even if the employee agrees to give up social security, he still has the right to ask the employer to pay the social insurance premium during his employment. If the unit does not agree to pay the overdue payment, the laborer may apply for mediation, arbitration or bring a lawsuit according to the social security law.

At the same time, Ministry of Human Resources and Social Security reminded that employers will bear more responsibilities for this self-agreement. On the one hand, if the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency will order it to pay within a time limit or make up for it, and from the date of default, it will charge a late fee of five ten thousandths per day;

Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed. On the other hand, workers can also ask for supplementary wages when they leave their jobs. At the same time, according to the provisions of the Labor Contract Law, if the employer fails to pay social insurance premiums for the employee according to law, the employee may terminate the labor contract, and the employer still needs to pay economic compensation to the employee, which will "eat the bitter fruit".

People's Daily Online-Can employees get compensation for voluntarily giving up social security and leaving their jobs? Ministry of Human Resources and Social Security: Rumors.