Job Recruitment Website - Social security inquiry - Can the social security of laid-off workers be made up?
Can the social security of laid-off workers be made up?
If this social security payment is interrupted after being laid off, it is obviously because of your personal reasons. In this case, the terminal can't pay it back, but if the business unit doesn't give you normal insurance compensation, then the business unit can still pay it back normally! As laid-off workers, if they don't find a new work unit in time, they can still continue to participate in insurance in the form of flexible employment. Because you are insured in the form of flexible employment and pay your own fees, you can still enjoy the treatment of normal growth of accumulated payment years, because after all, in the form of flexible employment, it has employee pension insurance like employees in enterprises, so the accumulated payment years can grow normally.
Laid-off workers who have continuously paid social security 15 years do not need to pay back social security. If the number of years is not enough, they can pay social security under the condition of meeting the payment requirements. At present, one-time payment of social security 15 years is no longer allowed. There are also different regulations on social security payment in different places. Some areas can only pay social security year by year, but can't pay social security. Please consult the local social security center for specific policy details.
Legal basis:
1, labor law
Article 72 stipulates that employers and workers must participate in social insurance and pay social insurance premiums according to law.
2. Labor Contract Law
Paragraph 3 of Article 38 stipulates that if the employing unit fails to pay social insurance premiums for the employees according to law, the employees may terminate the labor contract.
3. Social Insurance Law
Tenth employees should participate in the basic old-age insurance, and employers and employees should pay the basic old-age insurance premium.
Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.
The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.
Article 12 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.
Thirteenth employees of state-owned enterprises and institutions to participate in the basic old-age insurance, the basic old-age insurance premiums payable during the payment period shall be borne by the government.
When the basic old-age insurance fund is insufficient to pay, the government gives subsidies.
Article 14 Individual accounts shall not be withdrawn in advance, and the bookkeeping interest rate shall not be lower than the bank time deposit interest rate, and interest tax shall be exempted. If an individual dies, the balance of the individual account can be inherited.
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