Job Recruitment Website - Social security inquiry - What if the original company goes bankrupt and still owes social security for several months, and the social security cannot be transferred?
What if the original company goes bankrupt and still owes social security for several months, and the social security cannot be transferred?
Before the company goes bankrupt and liquidates, it needs to go to the local social security bureau to go through the formalities of stopping payment. Only when the social security of the on-the-job employees is in a state of suspension can it be transferred in the future. If the enterprise does not go through the formalities of stopping payment before bankruptcy, then this situation is more difficult, and it is in a state of default, and it needs to be paid in the name of the company before it can be transferred out or paid. In this case, we can only handle the transfer procedures through the special procedures of the local social security bureau. The solution to how to deal with social security when an enterprise goes bankrupt is as follows:
1. If the company fails to go through the payment stopping procedures as required, it will be in arrears and must be paid by the company before it can be transferred out or paid again;
2, these procedures should be handled by the unit, individuals can't do it. You can only consult the local social security center to see if there are any special policies for this situation, whether individuals can go through relevant procedures and what to do.
legal ground
Article 12 of the Social Insurance Law of People's Republic of China (PRC) * * * The employing unit shall pay the basic old-age insurance premium according to the proportion of the total wages of employees stipulated by the state and record it in the basic old-age insurance pooling fund.
Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts.
Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employing unit and other flexible employees who have participated in the basic old-age insurance shall pay the basic old-age insurance premiums in accordance with state regulations and record them in the basic old-age insurance pooling fund and individual accounts respectively.
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