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Must there be a release of labor contract for social security escrow?
To handle the transfer of social security to terminate the labor contract book must?
Need to first go to the labor bureau for unemployment, and then to the social security bureau for social security transfer can be. Dismissal of labor relations during unemployment interruption of basic pension insurance contributions, the interruption period does not count the number of years of contributions, the original basic pension insurance personal account sealing, continue to accrue interest. After re-employment, they should continue to make contributions, and the years of contributions before and after and the basic pension insurance individual account storage are combined and calculated respectively.
The procedures, to get a certificate of separation, social security handbook, medical insurance payment orders, and then, first to the Labor Bureau for the unemployment certificate to register unemployed; only then to the Human Resources and Social Security Bureau for social security transfer, you can pay their own social security fees.
1, the termination of labor relations should be based on the "pension insurance relationship connection card" and "unemployment certificate" (or proof of the termination of labor relations) in a timely manner to the social insurance agency for the continuation of the formalities for social insurance registration, in accordance with the relevant provisions of the social insurance agency for the declaration of the payment of formalities.
2, the termination of labor relations interrupted during the unemployment of basic pension insurance contributions, the interruption period does not count the number of years of contributions, the original basic pension insurance personal account sealing, continue to accrue interest. After re-employment, they shall continue to make contributions, and the years of contributions and the basic pension insurance individual account storage shall be combined and calculated respectively.
Regulations for the Implementation of the Labor Contract Law
Article 19 In any of the following cases, in accordance with the conditions and procedures stipulated in the Labor Contract Law, the employer may terminate the fixed-term labor contract, the open-ended labor contract, or the labor contract that has a fixed period of time for the completion of certain work tasks with the laborer:
(1) if the employer and the laborer reach a consensus;
(2) the employer and the laborer agree on the terms and conditions of the labor contract; and p>
(2) If the worker is proved to be incompatible with the conditions of employment during the probationary period;
(3) If the worker seriously violates the rules and regulations of the employer;
(4) If the worker seriously fails to perform his duties, engages in fraud for personal gain, and causes significant damage to the employer;
(5) If the worker simultaneously establishes labor relations with other employers, which seriously affects the fulfillment of the employer's tasks or, upon the employer's approval, causes serious harm to the employer;
(6) If the worker has established labor relations with another employer, which seriously affects the fulfillment of his tasks, or, after the employer's approval, has caused serious harm to the employer's work. tasks, or refuses to rectify the situation upon the employer's request;
(vi) the worker concludes or alters the labor contract by fraud, coercion, or by taking advantage of the employer's danger, and the employer concludes or alters the labor contract contrary to the employer's true intention;
(vii) the worker is being investigated for criminal responsibility according to law;
(viii) the worker is ill or injured not due to work and cannot perform the duties of the employer after the expiration of the prescribed medical treatment period;
(ix) the worker is unable to perform the work after the expiration of the prescribed medical treatment period. (h) The worker is unable to perform his original work after the expiration of the prescribed medical treatment period, nor can he perform the work otherwise arranged by the employer;
(ix) The worker is unable to perform his work, and after training or adjustment of his work position, he is still unable to perform his work;
(x) The objective situation on which the labor contract was concluded has changed significantly, rendering it impossible to perform the labor contract, and the employer and the worker have failed to negotiate a change in the content of the labor contract;
(x) The worker has not been able to obtain an agreement on the content of the labor contract after consultation with the employer. After consultation between the employer and the workers, the employer fails to reach an agreement on changing the contents of the labor contract;
(xi) the employer undergoes reorganization in accordance with the provisions of the Law on Bankruptcy of Enterprises;
(xii) the employer experiences serious difficulties in production and operation;
(xiii) the employer switches to another production, makes major technological innovations or adjusts its mode of operation, and still needs to lay off staff after changing the labor contract;
(xiv) the employer has to change the labor contract in accordance with the provisions of the Law on Bankruptcy of the People's Republic of China;
(xiv) the employer is not required to change the labor contract; and p>(xiv) Other significant changes in the objective economic situation on which the labor contract was concluded, making it impossible to fulfill the labor contract.
Laborers will sign a labor contract with the employer after joining the company, and also need to pay the employer's social insurance, if the two sides of the labor relationship is lifted, the social security procedures will naturally be in a state of suspension, if there is a social security situation, not only to the interests of the workers to bring about losses, but also affect the subsequent purchase of a home to buy a car, so you need to handle social security in a timely manner to make up for the payment.
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