How to pay social security when the unit terminates the labor contract?

After contacting the labor contract with the company, it means that it has nothing to do with this company, but there are often many problems at this time, such as how to terminate the labor contract and pay social security. At this time, the original unit will definitely not pay, but you can handle it yourself and pay social security. After going through the formalities, you should get the resignation certificate, social security manual and medical insurance payment form, and then go to the labor bureau to apply for unemployment certificate and register for unemployment; In order to go to the social security bureau for social security transfer, you can pay the social security fee yourself. If the company unilaterally terminates the labor contract, then the workers should pay attention to the need to obtain economic compensation and unemployment benefits subsidies. After the termination of the labor contract, the employer may be required to cooperate with the transfer procedures such as file social security. If there is a new work unit, the file social security can be transferred to the new unit. If there is no new unit, the local talent market will generally provide temporary acceptance procedures, and you can consult. Generally, a new company will ask for a certificate of separation. Upon resignation, the employer may be required to issue a resignation certificate. Article 19 of the Regulations for the Implementation of the Labor Contract Law is under any of the following circumstances. According to the conditions and procedures stipulated in the Labor Contract Law, the employer may terminate a fixed-term labor contract, an open-ended labor contract or a labor contract with the completion of a certain task as the deadline: (1) The employer and the employee reach an agreement through consultation; (2) The employee is proved not to meet the employment conditions during the probation period; (3) The laborer seriously violates the rules and regulations of the employing unit; (4) The laborer seriously neglects his duty or engages in malpractices for selfish ends, thus causing great damage to the employing unit; (5) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (6) The laborer enters into or changes a labor contract against his true intention by means of fraud or coercion or taking advantage of the danger of others; (seven) the laborer is investigated for criminal responsibility according to law; (8) The employee is sick or injured non-work-related, and cannot engage in the original job after the prescribed medical treatment period expires, nor can he engage in other jobs arranged by the employer; (nine) the laborer is not qualified for the job, and he is still not qualified for the job after training or adjusting his post; (10) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation; (eleven) the employer is reorganized in accordance with the provisions of the enterprise bankruptcy law; (twelve) the employer has serious difficulties in production and operation; (thirteen) the enterprise production changes, major technological innovation or adjustment of business mode, and it is still necessary to reduce the number of employees after changing the labor contract; (14) Other major changes have taken place in the objective economic conditions on which the labor contract was concluded, which made it impossible to perform the labor contract. Article 39 of the Labor Contract Law: Under any of the following circumstances, the employer may terminate the labor contract: (1) The employee is proved to be unqualified for employment during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law. Article 40 In case of any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary: (1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires; (two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post; (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation. Article 41 Under any of the following circumstances, if it is necessary to reduce the number of employees by more than 20 or less than 20, but it accounts for more than 10% of the total number of employees in the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and may reduce the number of employees after listening to the opinions of the trade union or employees and reporting to the labor administrative department: (1) carry out rectification in accordance with the enterprise bankruptcy laws; (two) serious difficulties in production and operation; (three) the enterprise has changed production, major technological innovation or adjustment of business mode, and it still needs to reduce staff after changing the labor contract; (4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract. When downsizing, priority should be given to retaining the following personnel: (1) concluding a long-term fixed-term labor contract with the unit; (2) Concluding an open-ended labor contract with the unit; (3) there are no other employees in the family, and there are elderly people or minors who need to support them. If the employing unit reduces its staff in accordance with the provisions of the first paragraph of this article and recruits staff again within six months, it shall notify the retrenched staff and give priority to the retrenched staff under the same conditions. Article 42 The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the employee is under any of the following circumstances: (1) The employee who is exposed to occupational hazards fails to undergo occupational health examination before leaving his post, or the suspected occupational disease patient is in the period of diagnosis or medical observation; (2) Suffering from occupational diseases or work-related injuries in this unit and being confirmed to have lost or partially lost the ability to work; (3) Being sick or injured non-work-related, and within the prescribed medical treatment period; (four) female workers during pregnancy, childbirth and lactation; (5) Having worked continuously in this unit for fifteen years and being less than five years away from the statutory retirement age; (6) Other circumstances stipulated by laws and administrative regulations. Article 43 When an employer unilaterally terminates a labor contract, it shall notify the trade union of the reasons in advance. If the employer violates laws, administrative regulations or the provisions of the labor contract, the trade union has the right to ask the employer to correct it. The employing unit shall study the opinions of the trade union and notify the trade union of the results in writing. 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. The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference. Therefore, when we terminate the labor contract with the original unit, we must hand over some necessary procedures as soon as possible and keep some important documents to avoid disputes in the future. As for the termination of the labor contract and payment of social security, only after unemployment is proved can social security be handed over, and then social security can be paid by itself.

Legal objectivity:

Article 36 of the Labor Contract Law of People's Republic of China (PRC), the employer and the employee may terminate the labor contract through consultation. Article 37 of People's Republic of China (PRC) Labor Contract Law: The employee may terminate the labor contract by giving a written notice to the employer 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period. 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 for the transfer of 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.