Job Recruitment Website - Social security inquiry - Is it illegal for the company not to pay social security in the month of resignation?
Is it illegal for the company not to pay social security in the month of resignation?
According to the regulations, the employer shall register social insurance for employees within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. The employing unit shall pay social insurance premiums in proportion to the total wages of employees stipulated by the state, and pay them in full and on time in accordance with the provisions of social insurance agencies. Therefore, it is illegal for the company not to pay social security in the month of resignation, and workers can complain and report to the local labor inspection department to safeguard their legitimate rights and interests.
The effects of cutting off social security are as follows:
1. If the length of service is not calculated during the interruption period, the length of service salary will be paid as usual;
2. Personal account funds are not entered during the interruption period, resulting in a decrease in personal accounts in the future, resulting in losses when calculating endowment insurance;
3. If the medical insurance is interrupted for more than three months, the medical care for the whole year will be gone;
4. Medical insurance that has been interrupted for one month is not reimbursed, and can only be reimbursed for three consecutive years;
5. When reaching the legal retirement age, the time of life interruption is accumulated, and the accumulated interruption 12 months is pushed forward to calculate the pension for one year.
To sum up, the rules and procedures of social security interruption and supplementary social security may be slightly different due to different regions and insured units. It is suggested that the insured should know the local social security rules and procedures in time and operate according to the regulations to protect personal social security rights and interests. At the same time, if social security is interrupted due to special circumstances such as unemployment, you can apply to the local social security bureau for policies such as fee reduction or deferred payment to reduce your personal financial burden.
Legal basis:
Article 60 of People's Republic of China (PRC) Social Security Law
The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis. Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.
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