Does the employer unilaterally terminate the labor relationship without going through the social security transfer procedures?

Count. After the general employees leave their jobs, the original company will handle the procedures of dissolving the labor contract and social security for the employees within 15 days. There is an electronic version of the certificate of termination of the labor contract, which is confirmed by the company and employees respectively, and then goes to the labor bureau with the official seal of the labor bureau, and then the employees of the human resources department go to the social security bureau to go through the formalities of termination of insurance with the certificate of termination of the labor contract. According to the relevant provisions of the law, the employer shall handle the social insurance transfer formalities for the resigned employees in time, and shall also bear the losses caused by the employees who have not gone through the social insurance transfer formalities.

What if the company doesn't terminate the labor contract and pay social security?

1. Provide valid evidence and apply to the labor department for labor arbitration.

2. On the grounds that the company has not paid social security, you can leave the company immediately by submitting your resignation letter to the company in writing.

3. If no labor contract is signed, you can ask for double salary from the second month to one year.

In short, it is not correct to terminate labor relations without terminating social security relations. After the employee leaves his post, the company will handle the formalities of dissolving labor relations and social security for the employee.

Legal basis:

Labor Contract Law

Article 50

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.

Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.

The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.