How to deal with the relationship between employee files and social insurance after the termination of labor contract?

Hello, landlord, how to deal with the relationship between employee files and social insurance after the termination of labor contract? For this problem, if we dissolve and terminate the labor contract relationship, then you have nothing to do with your original work unit, so we need to transfer our personal social insurance and employee files from the original work unit in time.

Then in the process of transfer, if you have found a new work unit and the new work unit belongs to a state-owned enterprise, then in this case, you can receive your social security and personal files normally. On the other hand, if you haven't found a new work unit, you can still transfer your social security and this personal file. In this case, social security can be transferred to household registration, and then temporarily participate in employee pension insurance and employee medical insurance in a flexible way.

Then personal files can be transferred to the talent exchange and development center where their household registration is located, and then managed, because through talent exchange, the development center has no problem in management, and everyone can identify their own effective personal files. And through the talent exchange and development center, it is completely free in the hosting process, so it will not cause any economic pressure on itself.

I'm glad to share this problem with you!

Analyze the content and function of employee files in detail;

How to deal with the relationship between employee files and social insurance after the termination of labor contract?

Therefore, after the transfer, termination and dissolution of social security, we should pay attention to the handling of the relationship between employee files and social insurance to avoid unnecessary losses and troubles for future retirement benefits and unclear files at retirement. If the file is lost, it should be supplemented in time to find the original unit in time. If the original unit is gone, find the superior management department of the original unit to supplement the missing files in time to avoid unnecessary trouble.

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After the termination of the labor contract, employee files are very important to employees. In reality, it often happens that employees' files are lost due to improper storage by the unit, which affects employees' retirement and then affects the payment of pension benefits. In other words, if employees don't pay enough attention to their files, the impact on employees' future retirement will be immeasurable after the unit loses files due to poor custody.

Strictly speaking, after the termination of the labor contract, the employee files will be kept in the human resources market or talent exchange center under the Human Resources and Social Security Bureau with a copy of my ID card and the agreement to terminate the labor contract. It should not be stored in the unit, and there will be no labor relationship with the unit, and the unit has no obligation to keep files for employees who terminate labor relations. Employees should not store their own files, which is illegal.

In terms of social insurance relations, after the termination and dissolution of labor relations, before finding a new work unit, the relationship between pension insurance and medical insurance should be transferred to flexible employees to continue paying fees, and industrial injury insurance, unemployment insurance and maternity insurance can only be interrupted. After finding a new work unit, move to a new one.

Hello, landlord, how to deal with the relationship between employee files and social insurance after the labor contract is terminated? If the employee's personal files need to be extracted from the original work unit and the social security relationship needs to be transferred from the original work unit, for example, if you find a new work unit, which is also a state-owned enterprise, then he has the right to keep the files, and you can issue a file transfer letter through the new work unit.

You can take your personal files to your new work unit through the file transfer letter, but some work units, especially some private units, don't have the right to keep files. In this case, you need to entrust your personal file to an organization with custody qualification, such as the talent exchange and development center where your household registration is located, so that you can entrust your personal file normally.

The transfer of social security relations is very simple. If you find a new work unit, the new work unit will issue a social security admission notice, and then you can transfer with the social security admission notice. In the process of transfer, you generally only need to transfer employee pension insurance and employee medical insurance. If we don't find a new work unit, then we can temporarily change to the form of flexible employment to participate in the social security benefits of flexible employment, just need to participate in the social security benefits of flexible employment at our place of residence.

The files of enterprise employees are basically kept by the unit itself. When an employee terminates the labor contract, the file is saved in two situations: First, the employee has not been re-employed in a short period of time. If the employee is not re-employed in a short period of time, or is employed in an informal small and micro enterprise, the employee should go to the unemployment department of the local people's social security bureau to handle the file keeping procedures with the Labor Contract Termination Agreement and files, and the files will be kept by the unemployment department.

Second, if employees are employed in formal enterprises soon. If you are re-employed in a state-owned enterprise or a very formal enterprise, and the payment of "five insurances and one gold" is normal, the file can be handed over to the personnel department of the new unit for preservation.

Let's talk about how to deal with the social insurance relationship after the termination of the labor contract. First, it depends on the re-employment of employees. If a new unit is found soon, and the "five insurances" of the new unit can be guaranteed, then the business personnel of the new unit will go through the social insurance transfer formalities at the human resources and social security bureau where the enterprise is located with the re-signed employment contract, the original agreement to terminate the labor contract and relevant documents, and all the insurance premiums will be paid normally in the current unit.

Second, if there is no employment in the short term. If I can't find a suitable unit in a short time, I will go to the local human resources and social security department with the agreement and files to terminate the labor contract, and turn the social security relationship into flexible employees, and pay them monthly or annually. This will not affect the social security relationship, and there will be no loss of insurance.

How to deal with the archives and social insurance after the termination of the labor contract? I used to work in a large state-owned enterprise at home. I have experienced this question, so let's answer it with my personal experience. Twenty years ago, I had to resign for personal reasons, so I reported my resignation to the workshop director. The director said that the resignation pension insurance cannot be transferred, and it can only be transferred if I remove my name. In other words, at that time, the old-age insurance had to be transferred, and only those who were delisted could continue to pay in the local social security bureau.

Last year, I retired and returned to the unit with the file transfer letter from the Social Security Bureau. The problem came. I rummaged through the files, but there was no file of mine. They said that 80% of your files are in the Social Employment Bureau, so I went to find out where the files are stored. I talked to the staff of the employment bureau. He explained that as long as all employees of state-owned enterprises terminate their labor contracts with their units, their files will be sent to the employment bureau for preservation by their original units, including those who resigned, were dismissed and were released through reeducation through labor. But you must think it over before submitting it. If the document is taken away and sent back, we won't accept it, we will handle it ourselves. This is why many laid-off workers have nowhere to store their files after retirement, but they have to keep them themselves. Fortunately, after retirement, files are of little use, as long as they are not unpacked.

Unless absolutely necessary, it is best not to unilaterally dissolve or terminate the labor contract. If employees are close to retirement age, policies and regulations also prohibit enterprises from terminating their labor contracts. It is even more inappropriate to terminate the labor contract on its own. Because it is not good for one's own side, it is also a miscalculation of planning or a mistake in decision-making, which is not conducive to re-employment or increasing the difficulty of finding a job.

If it is necessary to terminate the labor contract, the following procedures or methods can be used to handle the personnel file procedures.

(1), if you haven't found a new work unit before, please sign the opinion of the original unit when handling the agreement (procedure) for dissolving the labor relationship, indicating that the personal file is stored in the original unit or the competent bureau to avoid being blamed. You can pick it up directly and go through the transfer formalities together.

(2) If you have found a new work unit, you can go through the file collection procedures before leaving the original unit (write down the file collection label and indicate the file name or page number). Then send the file to the new work unit, but ask the manager to leave the acceptance certificate in case of any accident.

(3) If it is an important (special) document involving confidential content, I am not allowed to deliver it in principle; The receiving unit shall send an official letter to the transferring unit for retrieval. It is also delivered (received) by public-to-public postal express.

(4) Termination or rescission of the labor contract due to retirement conditions. After completing the retirement approval form, when the retirement certificate approved by the Social Security Bureau arrives, it can be extracted according to the requirements of the certificate and sent to the Social Security Bureau for reception.

After the termination of the labor contract, the social security procedures shall be handled in the following ways.

(1). If you are a new employer in the same city, you can go to the Social Security Bureau with the manager of the original unit and change the name of the transfer account, so you can renew your insurance payment.

(2), check all the information of their social security contributions. This includes the name, gender and date of birth of the insured. Participate in work and social security payment time, payment base and standard, etc. Avoid mistakes and troubles.

(3) If the new work unit is outside the province (city), the local social security bureau will also handle its own insurance payment data … and other information. It is advisable to use template format (list) to reflect the submitted materials, leave the mailing address and telephone number, and affix the fresh seal of social security bureau;

(4) The official letter (in written form) can also be used to introduce all the insured information of the insured, and send it to the "labor department" of the new unit or the office of the new social security bureau for social security handover procedures.

Thank you for reading!

I'm glad to answer your question.

When employees terminate (dissolve) the labor contract, they will face two very important problems, how to deal with the relationship between employee files and social security. Because the relevant departments of provinces (cities) have slightly different management of personnel files and social security relations of resigned personnel, I will answer your questions today with my many years of experience in human resource management and the events I handled as an example. I hope I can help you!

1. How to handle employee files after the labor contract is terminated (dissolved)? Generally, there may be the following two situations:

Situation 1: After the labor contract is terminated (dissolved), we can seamlessly connect and find a new job.

First, judge whether your old company and new company are qualified for personnel file management. Generally speaking, state-owned enterprises or institutions are qualified to manage personnel files and can store them. The simplest point is: to judge whether the new company has a party Committee system, you can consult the staff of the personnel department of the new company.

After judging whether the original company and the new company are qualified for file management, the following four situations will occur:

(1) If both the new company and the original company are qualified to manage personnel files, there are two ways to forward the files:

1. The new company will send a "transfer letter" to your original company (remember to affix the seal of the new company party Committee) to transfer your personnel file from the original company to the new company.

2. The original company issues a file transfer form, directly transfers your file to the new company, and then returns the voucher received by the new company to the original company.

(2) If the original company does not have the qualification of file management, the new company has:

You need to confirm where your personnel files are stored. Generally, it should be stored in the archives management department of the People's Social Security Bureau or the municipal talent service center where your company is located. Then the new company will issue a "transfer letter" to the file management department where your file is located (remember to affix the seal of the party Committee of the new company), and transfer your personnel file from the file management department to the new company.

(three) the original company has the qualification of file management, and the new company has no qualification:

The original company will issue a file transfer form, directly transfer your files to the file management department where the new company is located or the file management department where your account is located, and then return the receipt certificate of the file management department to the original company.

(4) If the original company is not qualified for file management, so is the new company:

Under normal circumstances, you don't need to transfer personnel files, just confirm where your personnel files are stored. If you want to transfer files, the original file management department can issue a file transfer form, directly transfer your files to the file management department where the new company is located or the file management department where your account is located, and then return the receipt certificate of the file management department to the original company.

Situation 2: No new job has been found after the termination (dissolution) of the labor contract.

First of all, we should judge whether the original company has the qualification of file management.

Situation 1: The original company has the qualification of file management.

The original company will issue a file transfer form, directly transfer your files to the file management department where your account is located, and then return the receipt certificate of the file management department to the original company.

Case 2: The original company has no file management qualification.

In general, you don't need to transfer the personnel files, you just need to confirm where your personnel files are stored. If you want to transfer files, the original file management department can issue a file transfer form, directly transfer your files to the file management department where your account is located, and then return the receipt certificate of the file management department to the original file management department.

Two, after the termination of the labor contract (dissolution), how to deal with the social insurance relationship? First of all, there may be the following two situations:

Situation 1: After the labor contract is terminated (dissolved), we can seamlessly connect and find a new job.

1. The original company went through the formalities of terminating the social insurance relationship, and the new company went through the formalities of transfer and connection.

Step 1: You need to confirm whether the original company has stopped issuing your pension, medical care, unemployment and housing provident fund.

Basis for suspension: notice of change of pension insurance and medical insurance suspension policy.

Note: If the new company can pay the housing provident fund for you, you can directly provide the housing provident fund information of the new company to the original company, and the original company will directly seal your housing provident fund account, and then the original company will transfer your account to the housing provident fund account under the name of the new company.

Step 2: the new company handles the transfer and connection work.

Requirements: copy of ID card, certificate of dissolution and termination of labor contract, notice of change of endowment insurance, medical insurance suspension policy, employment and entrepreneurship certificate, etc.

Situation 2: No new job has been found after the termination (dissolution) of the labor contract.

Step 1: You need to confirm whether the original company has stopped issuing your pension, medical care, unemployment and housing provident fund.

Basis for suspension: notice of change of pension insurance and medical insurance suspension policy.

Note: If you are eligible for unemployment benefits, don't forget to apply for unemployment benefits. During the period of receiving unemployment benefits, individuals may not pay medical insurance, and the unemployment management center will pay it on their behalf.

Step 2: Go to the social insurance management center or the community where you live, and apply for pension and medical insurance as a flexible employee.

Note: Generally, the pension is provided first, and then the medical treatment is provided (if you receive unemployment benefits, you don't have to apply). Remember not to pay it off. If you pay off the social security, it will have a series of effects on your future pension and social security benefits.

(1) Materials required for endowment insurance (taking Shenyang as an example, for reference only)

Old-age insurance handling process and related materials

(1) Go to the designated Industrial and Commercial Bank of China to handle the automatic deduction authorization of endowment insurance. If you have an ICBC card, you can use your ID card and bank card. If you don't have an ICBC card, you need to bring your ID card.

(2) After the card is completed, bring the following materials to the community to handle the old-age insurance procedures. Original authorization for automatic deduction of endowment insurance; Original ID card (a copy of a piece of paper on the front and back of the ID card), original household registration book, and copies of the first page and personal page; A copy of the change notice; Copy of industrial and commercial bank card.

Precautions:

1. The proportion of endowment insurance for flexible employees is 20%, of which 8% is credited to personal accounts. There are slight differences between regions for reference only.

2. The payment base and grade of endowment insurance for general flexible employees are divided into 7 grades, with the proportion of 60%-300%. Individuals can choose their own gear as their own pension insurance payment base according to their actual situation.

3. If you need an agent, you need to provide the original and copy of the agent's ID card.

(2) Materials required for medical insurance (taking Shenyang as an example for reference only)

Those who receive unemployment benefits do not have to pay medical insurance during the period. Wait until the next month when you stop receiving unemployment benefits, and then go through the formalities of medical insurance.

Medical insurance processing flow and related materials

1. Processing flow:

(1) provide relevant information to the flexible employment window to handle the insurance business;

(2) Pay fees at the designated bank before 20th of each month, including:

(1) The renewal personnel without social security card shall pay the fees at the selected bank with the Notice of Payment of Medical Insurance Fees by Banks;

② Insured persons holding social security cards pay directly with social security cards.

(three) no social security card personnel, according to the prescribed time to the medical insurance bureau to receive social security cards.

2. Information to be provided:

(1) One original and one copy of the ID card, and one original and one copy of the household registration book (home page and personal page);

(2) Original and photocopy of unemployment insurance (unemployment certificate)/joining the army (demobilization certificate)/studying in a full-time school (diploma)/studying abroad (academic certificate issued by the Ministry of Education) after June 5438+1 October 20041;

(3) Medical Insurance "Certificate of Participation" (provided by the personnel handling medical insurance transfer);

(4) Religious personnel shall provide relevant certificates.

Precautions:

1. The base of insurance payment for flexible employees refers to the current implementation standards, and the payment ratio is 6.8%. The insured does not establish a personal account during the period of paying the basic medical insurance premium. After reaching the legal retirement age and going through the medical insurance retirement procedures, a personal account will be established from that month. If the payment has been made at the rate of 10%, you can voluntarily choose to change the payment ratio to 6.8%.

2. The insured with flexible employment shall deposit the medical insurance premium into the designated payment card on time and in full before the 20th of each month, otherwise it will affect their medical insurance benefits.

3. If you need an agent, you need to provide the original and copy of the agent's ID card.

Summary: 1. Employee personnel files are very important. It will be used in future job promotion, job title evaluation, education promotion, relative identification and retirement, and it will not work without it!

2. Remember that after the termination (dissolution) of the labor contract, social insurance must be transferred immediately, which is very, very great for personal influence!

I hope my answer will be helpful to you. Finally, I wish you a smooth handling of issues related to employee files and social security relations!

With the continuous development of the labor market, people change their units more and more times in their lives, and many employees in enterprises will never work for a public institution all their lives. Sometimes, even if you want to work in a company for a lifetime, there are cases of business failures.

Dissolution or termination of labor contracts generally involves wages, insurance, economic compensation, employee files, employment relations, social security relations, etc. And the relationship between employee files and social security is often the last step.

To dissolve and terminate a labor contract, the first thing to be suspended is the employment relationship. Generally, all localities have procedures for filing or registering the dissolution of labor contracts. Only after the registration is completed can the labor relationship be truly terminated.

The Labor Contract Law clearly stipulates the relationship between employee files and social security:

Generally, the destination of employee files is to employ the file management organization of the local public employment service organization to manage employee files as floating personnel files.

Some units are irresponsible and do not organize files for employees. But in fact, the employment registration form and the labor contract cancellation report are one of the important materials of employee files, and they are definitely indispensable.

If it is a foreign household registration, in principle, it should also be transferred back to the labor department where the household registration is located to keep my labor and personnel files in a unified way.

Employee files shall not be carried by individuals, and shall generally be forwarded by the personnel of the unit or through postal confidential channels.

The social insurance relationship is very simple. What the original employer has to do is to terminate the insurance procedures. Now some areas such as Qingdao are handled at one time, and they will be handled together when they are dismissed for the record.

The payment record of social security will be kept completely in the social security system, and ordinary individuals don't have to care. If the worker is employed locally, the social security payment will be automatically connected, which is very simple. At present, many provinces and cities are promoting the unification of the social security system in the whole province, so that even in a province, automatic connection can be realized. It is expected that the next step will be carried out nationwide.

At present, the transfer of our pension insurance relationship in different places still needs to be handled. If you are not in a hurry, you can wait a few years to see if it can be co-ordinated nationwide or on the relevant websites in Ministry of Human Resources and Social Security, individuals can apply through the social security department. The human and social departments have made great progress in recent years, and the Ministry of Human and Social Affairs is striving to build a comprehensive social insurance service platform.

Now if you want to transfer the pension insurance relationship in different places, you need to handle it in person, which may be more troublesome. First, establish a personal account for endowment insurance at the transfer-out place, and then print the certificate of participation in endowment insurance at the transfer-out place. The third step is to issue a contact letter for the transfer and continuation of the pension insurance relationship. The fourth step is to hand over the contact letter to the social security institution in the transfer place. The fifth step is to wait for the social security department to collect the social security payment record. Individuals transfer their personal files to the transfer location while waiting. After all, there is no employee file in the future, and you can't apply for retirement. Especially in some areas, there are special circumstances of one-time payment of old-age insurance. If the payment period exceeds three years, there must be valid legal documents of relevant administrative law enforcement departments (labor inspection, labor arbitration, auditing, taxation and other departments) to prevent anyone from illegally paying social security and defrauding social security funds.

How to deal with the relationship between employee files and social insurance after the termination of labor contract? The workers who dissolve or terminate the labor contract are generally laid-off workers who have been restructured by buying out their working experience when enterprises are restructured nationwide after 2000. At that time, employees were required to receive a buyout service fee of several thousand yuan to ten thousand yuan, and then sign to terminate and terminate the labor relationship. So where did their files change from the original unit management? According to relevant sources, due to different local policies, file management is very chaotic. Some files are handed over to the labor market, some are handed over to private enterprises after restructuring, some are handed over to employment departments, some are handed over to social security bureaus, some are kept by individuals, and some are discarded at will, resulting in the loss of files, and many people cannot apply for retirement. As far as the whereabouts of my files are concerned, I think it is the best way to hand them over to the Social Security Bureau, that is, to transfer the files of the unit to the Social Security Bureau to be managed by the regular file management center of the Social Security Bureau, and the unit or individual will pay the file management fee at one time. In this way, the Social Security Bureau can conveniently and regularly check the files nearby, which is in line with the file management regulations and the basis for the Social Security Bureau to check the files for retirement and medical insurance. It is conducive to the accounting of pensions and the implementation of retirement policies, and avoids mistakes in intermediate links, especially for laid-off workers without units. In the future, individuals can directly handle relevant procedures by docking with social security workers.