Job Recruitment Website - Social security inquiry - I have been leaving my job for two months, and the company suddenly contacted me and said that I had paid social security for an extra month. Now I want to refund all the expenses of 1800. Is it reaso
I have been leaving my job for two months, and the company suddenly contacted me and said that I had paid social security for an extra month. Now I want to refund all the expenses of 1800. Is it reaso
Legal analysis
If the employer does pay an extra month's social security, it should be returned by the employee, otherwise it is unjust enrichment. If you don't pay more social security, workers can ignore it. First of all, check for yourself whether the employer has given you an extra month's salary. If it is true, the employer is not obliged to pay social security for you after you leave the company, then you should return it to the company. You can also check whether the month of social security payment corresponds to your resignation date on the human resources and social security network first. If the resignation time is after 15 of the current month, the entry is usually bounded by 15. If you join before 15 of the current month, you will pay social security in the current month. After 15, pay social security next month. If the company leaves before 15, the social security will be given to you last month. /kloc-resigned after 0/5, and social security was handed over this month. The social security paid by the company in the current month is not overpaid, so there is no need to pay attention. If the company keeps pursuing it, you can go directly to the local human resources and social security bureau to find the arbitration department to apply for arbitration.
legal ground
Article 50 of the Labor Contract Law of People's Republic of China (PRC) * * * The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities of transferring the relationship between files and social insurance 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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