What if the original social security unit does not cooperate with the transfer after leaving the company?

If the original unit does not transfer social security, it may apply for labor arbitration. Social insurance can be paid after interruption, and can be purchased in a new unit after payment. If the enterprise has installed the CA system, it can directly go through the formalities of downsizing on the network CA system, without going to the municipal social security center for on-site handling. After completing the formalities of reducing the number of employees in social insurance, the new unit can handle the increase of employees to continue social insurance. The original unit did not apply for medical insurance relief procedures, medical insurance costs are still paid by the original unit; The enterprise where the specific matters are located shall contact the unit insurance management section of the medical insurance center with relevant materials.

First, the specific process

(a) the insured in the new employment in accordance with the provisions to establish the basic old-age insurance relationship and pay, by the employer or the insured to the newly insured social security agencies put forward a written application for the transfer of the basic old-age insurance relationship (fill in the form).

(2) The social security agency of the newly insured place will review the application for transfer and continuation, and if it meets the prescribed conditions, it will issue an acceptance letter to the social security agency where the insured person's original basic old-age insurance relationship is located, and provide relevant information; Do not meet the transfer conditions, make a written explanation to the applicant or the insured.

(3) The social insurance agency of the original insured place shall issue the certificate of insurance payment (the Social Security Bureau will print the Information Form on the Transfer and Continuation of Basic Old-age Insurance Relationship and the Certificate of Insurance Payment for Enterprise Employees), and the basic old-age insurance relationship will be transferred to the new insured place, and the old-age insurance fund will be transferred according to the regulations (the total personal account and the overall fund 12% transfer). If the insured reaches the conditions for receiving the basic old-age insurance benefits, the payment period of the insured will be calculated together, and the amount of personal account storage will be calculated cumulatively; Before reaching the age of receiving treatment, the basic old-age insurance relationship shall not be terminated, and the procedures for surrender shall be handled; Those who go abroad to settle down and settle in Hongkong, Macao and Taiwan Province Province shall go through the formalities of terminating the basic old-age insurance relationship in accordance with the provisions of the state, and fully refund the amount stored in their personal accounts.

(4) Submit all procedures to the social security agency of the newly insured place.

legal ground

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.

People's Republic of China (PRC) social insurance law

Article 50 The employing unit shall issue a certificate of termination or dissolution of labor relations for the unemployed in time, and inform the social insurance agency of the list of unemployed persons within 15 days from the date of termination or dissolution of labor relations.