Labor Law Labor Suspension Social Security

1. Employers and workers must participate in social insurance in accordance with the law. If the unit does not pay the social insurance premiums for the workers and handle the due social insurance, that is, it infringes on the interests of the workers. And once this happens, the worker can take the initiative to terminate the labor contract; 2. In addition, the Labor Contract Law also stipulates social insurance as a mandatory clause of the labor contract, clearly stipulating that participation in social insurance and payment of social insurance premiums are the legal obligations of the employer and the worker, and both parties must fulfill them; 3. If the worker takes the initiative to terminate the labor contract on the grounds that the employer has not paid the social insurance premiums. The employer shall pay economic compensation.

"Temporary suspension of the labor contract" means that the rights and obligations agreed in the labor contract are suspended, and the labor contract will continue to be fulfilled after the legal or agreed reasons are eliminated. There is no provision for "temporary suspension of labor contract" in national labor-related laws and regulations, and the temporary suspension of labor contract is mostly based on the negotiation between the employer and the employee. During the period of suspension of the labor contract, the employer generally handles the procedure of suspending the settlement (blocking) of the social insurance account. Therefore, the unit in the labor contract suspension period, no longer pay social security practices are in line with the relevant provisions of the labor law. However, in practice, according to the actual situation, such as the worker's contribution to the company, the value of the position, etc. labor contract suspension methods vary, generally using the "labor contract suspension agreement" to agree on the rights and obligations of each other. If the temporary suspension of labor contracts have been negotiated, you also agree, and signed the agreement or consent to the nature of the document, and the agreement or document does not agree to the temporary suspension of labor contracts, the social security of the period, who is responsible for, then the unit does not pay the social security is based on. Because of the temporary suspension of the labor contract, there is no labor relations rights and obligations; such as your temporary inability to fulfill the labor contract due to foreign matters are still under negotiation, you can communicate with the unit to negotiate a reasonable, mutually acceptable rights and obligations during the temporary suspension of the labor contract, but need to take into account the unit's degree of acceptance, the unit has the right to refuse. Therefore, you still need to negotiate with the unit based on your actual situation and decide how to deal with it.