How to terminate the labor contract and transfer out social security?

Legal analysis: 1. The personnel who terminate the labor relationship shall go through the extension formalities at the social insurance agency in time, go through the social insurance registration, and go through the declaration and payment formalities at the social insurance agency according to the relevant provisions with the endowment insurance relationship extension card and unemployment certificate (or proof of termination of labor relationship).

2, after the termination of the labor relationship with the enterprise, the need to continue the basic old-age insurance relationship across the overall planning area, the other must be handled in accordance with the relevant provisions of the basic old-age insurance transfer procedures.

3. If the payment of basic old-age insurance premiums is interrupted during the period of termination of labor relations, the payment period will not be calculated, and the original personal account of basic old-age insurance will be sealed and continue to bear interest. After re-employment, the payment shall be continued, and the payment period before and after and the storage amount of the basic old-age insurance personal account shall be calculated separately.

4, unemployed workers or laid-off workers, during the period of receiving unemployment benefits, do not pay medical insurance premiums, do not enjoy medical insurance benefits, do not calculate the payment period. After receiving unemployment benefits, medical insurance premiums should be paid in full and on time according to the method of flexible employees participating in medical insurance in order to enjoy medical insurance benefits and calculate the payment period.

Legal basis: People's Republic of China (PRC) Labor Contract Law.

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 To establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 36 The employing unit and the employee may terminate the labor contract through consultation.