Job Recruitment Website - Social security inquiry - Can I suspend the payment of social security when I take leave?

Can I suspend the payment of social security when I take leave?

The unit shall not stop paying insurance. To put it simply: the unit must pay social security for the workers during the existence of labor relations, that is, after the establishment of labor relations and before the termination of labor relations.

The company agrees that employees take time off, which belongs to the right to exercise normal leave during the existence of labor relations. If the labor relations are not terminated, the unit must pay insurance. Both the labor law and the labor contract law have relevant provisions on this. It is the legal obligation of the company to pay social security fees, and it is not allowed to stop paying them privately because workers take time off to provide labor. Unless the employee terminates the labor relationship with the unit, the unit may stop issuing.

Both units and workers should pay attention. As long as the labor contract relationship is not terminated, in any case, the unit should pay social security for employees, and never think that social security can be broken without paying wages. Once the social security is paid off, the employee has the right to ask the employer to compensate for the consequences after the payment is paid off. For example, units that cannot reimburse medical insurance should bear the amount of reimbursement, and should also supplement social security for employees from the month when payment is suspended.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

The Labor Contract Law of People's Republic of China (PRC) stipulates that:

Article 38 A laborer may terminate the labor contract under any of the following circumstances:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) Failing to pay labor remuneration in full and on time;

(3) Failing to pay social insurance premiums for laborers according to law;