Job Recruitment Website - Social security inquiry - Whose social security problem can the unit solve without stopping?

Whose social security problem can the unit solve without stopping?

If the unit does not stop work, it can be solved by the social security bureau. The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for the workers within 15 days. It is illegal for the employer to violate the law and not pay or not pay according to the regulations, and it is necessary to bear corresponding legal responsibilities. Social insurance is mainly through raising social insurance funds, coordinating and adjusting social insurance funds within a certain range, and giving necessary help to workers when they encounter labor risks. Social insurance provides basic living security for workers. Workers can enjoy social insurance benefits as long as they meet the conditions for enjoying social insurance, that is, they have established labor relations with employers or paid various social insurance premiums according to regulations. The Social Security Bureau is a government department that enjoys the power entrusted by the state according to law, exercises its functions and powers with the national budget as the activity funds, and enjoys the capacity of civil rights and civil conduct. It is the government administrative organ responsible for managing and handling various social security businesses.

Article 38 of the Labor Contract Law of People's Republic of China (PRC) * * In any of the following circumstances, the employee may terminate the labor contract:

(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;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.

Under what circumstances can I pay social security?

Social security needs to be paid in the following situations:

1. Payment delay due to company reasons. If the unit fails to pay social security to employees on time, or negligently omits to pay social security, the unit can issue relevant certificates to apply to the local social security department for payment. If the employee has signed a formal labor contract with the company, according to the regulations, the employee must go through the social insurance formalities within 30 days of joining the company. If the unit fails to pay social security to employees, employees can apply for labor arbitration and ask the enterprise to pay social security for themselves. After the labor arbitration, the unit needs to pay the social security that has not been paid to the employees in one lump sum;

2. Relevant policies for flexible employees. In the process of paying social security, many flexible employees will lose their social security payment due to insufficient income and other reasons, and individuals can make up for it. However, the policy of paying back social security has become more and more strict, and many areas have cancelled paying back social security. Whether it can continue to be returned depends on local policies.

3. Endowment insurance for urban and rural residents. If urban and rural residents reach the age of 60 and the social security payment period is less than 15 years, the remaining unpaid social security can be paid in one lump sum;

4. Other special circumstances. If there are other special circumstances, you can consult the local social security department if you can make up the payment, and local policies may be different.