Job Recruitment Website - Social security inquiry - What should I do if I quit my job and the company didn't stop insurance?
What should I do if I quit my job and the company didn't stop insurance?
1, you can go to the labor department to apply for arbitration and claim. According to the relevant laws and regulations, the company needs to dissolve the social security relationship within 15 days after the employee goes through the resignation formalities.
2. If the social security relationship cannot be dissolved due to internal problems, the company and the individual shall negotiate and pay the social insurance premium separately according to the relevant requirements. The company can't require employees who leave the company to pay social security fees in full due to internal business problems.
Enterprises need to pay economic compensation when dismissing employees:
1. If the parties to the labor contract reach an agreement through consultation, the employer shall terminate the labor contract and pay the economic compensation according to the standard that the laborer will be paid one month's salary for each full year of working in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, it shall pay economic compensation of half a month's salary to the laborer;
2. If the employee is sick or injured non-work-related, and the labor contract is terminated after being confirmed by the labor appraisal committee to be unable to engage in the original work or other work arranged by the employer, the employer shall pay one month's salary for each full year according to the employee's working years in the unit;
3. If the laborer is incompetent for the job, but still incompetent after training or job adjustment, and the employer terminates the labor contract, the employer shall pay the economic compensation equivalent to one month's salary according to the number of years he has worked in the unit.
4. The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract unable to be performed and the parties cannot reach an agreement on changing the labor contract through consultation. If the employer terminates the labor contract, the employer shall pay one month's salary for each full year according to the number of years the employee has worked in the unit;
5. If the employer is on the verge of bankruptcy for legal rectification or has serious difficulties in production and operation, and it is necessary to lay off employees, the employer shall pay economic compensation according to the number of years the laid-off employees have worked in the unit. The standard of paying one month's salary every full year is paid to the workers.
To sum up, if the employee seriously violates the rules and regulations of the employer, the employer can notify the employee to terminate the labor contract at any time, which is also called negligent termination of the labor contract. In this case, if the employer proposes to terminate the labor contract, it may not pay economic compensation.
Legal basis:
Article 50 of People's Republic of China (PRC) Labor Contract Law
After the compulsory labor contract of both parties is dissolved or terminated, the employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and handle the transfer formalities 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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