Personnel files and social security transfer process and matters needing attention

Social security transfer should pay attention to distinguish between transfer-out, sealing and termination. Before transferring out, you need to go through the formalities of resignation and social security transfer out in time, as well as the precautions for the last employee to transfer out.

Mr. Li is an employee of a consulting company in this city. He is usually responsible for handling some administrative affairs. On July 28th this year, the labor contract between the company and another employee, Miss Gu, expired. The two parties did not renew the contract, and the company paid Miss Gu a full month's salary in July. Because the company is small in scale and there is no personnel department, Mr. Li is appointed to handle the social insurance relationship transfer formalities for Miss Gu. Since he had never handled relevant matters before and knew nothing about the specific operation process, Mr. Li went to the district social security center for consultation. The staff of the social security center received Mr. Li and told him four points for attention in handling the transfer of social security relations.

Pay attention to distinguish between transfer-out, sealing and termination.

The social insurance relationship transfer procedure handled by Mr. Li is called "transfer out" in the social security business. Transfer-out is the most common social security change procedure. In short, transfer-out means that after the employee leaves the employer for various reasons, the employer promptly reports to the social security agency of the insured place (county) and goes through the formalities of stopping paying social insurance premiums in the unit.

In practice, employers often confuse the concepts of transfer-out, sealing and termination, and these three concepts are quite different in connotation and operation results:

Seizure is the procedure that the employer temporarily suspends the payment of social insurance premiums for employees. If a laborer is detained by a judicial organ, the employer may declare and seal up his laborer in accordance with relevant regulations during the review period after arrest or during the period of disappearance. Termination refers to the formalities that the employer terminates the individual pension insurance account for the employee because of his death or settlement abroad.

Note 2. Please apply for resignation before transferring out.

Because the change of social security relations is based on the change of labor relations, the resignation registration procedures must be handled before the transfer of social security relations. In other words, Mr. Li should go to the district (county) employment center where the company is located to handle the resignation registration for Miss Gu before handling the social security transfer.

Note 3: Handle social security transfer procedures in time.

Article 50 of the Labor Contract Law clearly stipulates that when an employer cancels or terminates a labor contract, it shall issue a certificate of cancellation or termination of the labor contract, and go through the formalities of transferring the relationship between files and social insurance for the employee within 15 days.

In addition, Article 84 of the Labor Contract Law stipulates that if an employee dissolves or terminates the labor contract according to law, and the employer detains the employee's files or other articles, the labor administrative department shall order it to return the employee within a time limit and impose a fine according to the standard of more than 500 yuan and less than 2,000 yuan per employee; If damage is caused to the laborer, the employing unit shall be liable for compensation.

This is a mandatory provision and punitive measure for the employer after the labor relationship is dissolved or terminated according to law, and it is also a matter that the employer must handle carefully in actual operation, which is mainly manifested in the timely handling of resignation registration, file transfer, social security transfer and other procedures.

As far as the processing time is concerned, according to Article 14 of the Decision of Shanghai Municipal People's Government on Amending the Measures of Shanghai Municipality on Old-age Insurance for Urban Employees (Order No.59 of Shanghai Municipal People's Government,1September 3, 1998), the old-age insurance premium that employees should pay shall be withheld and remitted from their monthly salary. Since the company has paid Miss Gu the full monthly salary in July, the company should also withhold and remit the social insurance premium for this month. As the department manager, Mr. Li should declare the transfer for Miss Gu in August.

Note 4 Matters needing attention in handling the transfer of the last employee.

In practice, it should also be noted that when the last employee is transferred, the employer should pay off the social insurance premium, the corresponding employment security fund for the disabled and the enterprise back-pay security fund. If the employer's business license has not been cancelled, and it is still within the validity period, and there is no payment temporarily, and the retirees have no accounts, the employer shall apply to the social security center for suspending the registration and settlement of social insurance of the unit, and go through the formalities for suspending the settlement of social insurance business changes.

Tips: Materials to be carried in social security transfer.

1. Require enterprises to carry the "Shanghai Resignation Certificate" (those who have gone through resignation filing procedures need not carry it);

2. Institutions and institutions should carry a business transfer letter, resignation approval or a copy of the certificate of dissolution (termination) of employment relationship of Shanghai institutions.

Copies of the above materials shall be stamped with the official seal of the unit.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.