Employees left the company forgot to stop the social security that how to do

After the departure of the employee, the company is obliged to apply for the transfer of social insurance for the employee, the company did not handle, you can ask to handle, in general, only need to stop the previous employer to pay for the workers to pay social insurance, the workers to the new unit, and then after the new unit to continue to pay can be. If the negotiation fails, you can apply for labor arbitration. The Labor Contract Law clearly stipulates that when a worker leaves a job, the employer should handle the transfer of social insurance for the worker in accordance with the law. After leaving the company forgot to stop the insurance, the cost is borne by the unit, the departing employee is no longer working in the company, can not require the departing person to bear the personal part of the amount due. You can discuss with the Social Security Administration whether the insurance can be withdrawn, and the negotiation is successful, the unit can be submitted to the Social Security Center to participate in the unit did not stop the insurance refund in a timely manner, to provide proof of the employee's departure. Provide the original ID card or proof of identity, photocopy and stamped with the unit to apply for a refund. The company bought the social security, they can not go to the Social Security Administration to report the stop, must be the company personnel to the Social Security Administration to declare a reduction in order to report the stop of social security.

Legal basis:

The People's Republic of China*** and the State Labor Contract Law

Article 49 The State shall take measures to establish and improve the system of inter-regional transfer of workers' social insurance relations.

Article 50 An employer shall issue a certificate of termination of labor contract upon termination of labor contract and shall, within fifteen days, handle the transfer of files and social insurance relations for the workers. The laborer shall, in accordance with the agreement of both parties, handle the handover of work. Where the employer is required to pay economic compensation to the worker in accordance with the relevant provisions of this Law, it shall do so at the time of handing over the work. The employer shall keep the text of the canceled or terminated labor contract for at least two years for reference.