Job Recruitment Website - Social security inquiry - Can I compensate for leaving my job voluntarily without buying social security?
Can I compensate for leaving my job voluntarily without buying social security?
Failure to pay social security is the fault of the unit. This does not need to be proved. You can claim to reissue social security, as well as economic compensation and compensation, including double wages for unsigned contracts. If negotiation fails, apply for arbitration.
Social insurance is the most important part of the social security system. Therefore, when discussing the history of social insurance, social insurance cannot be separated from social security.
Social insurance refers to the system that the state establishes a social insurance fund through legislation to give necessary material help to workers who participate in labor relations when they lose their ability to work or are unemployed. Social insurance is not for profit.
What if social security resigns?
1. New unit found in the insured area after resignation. Social security is transferred to a new unit to participate in insurance, the original unit stops insurance, and the new unit directly participates in insurance.
2. If there is no new company, the original company will stop insurance. If you want to continue to participate in the insurance, you can find a human resources company, hang your social security under the company, and participate in the insurance in the name of the human resources company. The expenses paid by the company also need to be borne by itself, and a certain service fee needs to be paid to the human resources company. If you are unwilling to participate in the insurance at your own expense, you can suspend the payment of social security, and the social security will not be cleared.
3. If you work in a different place after resigning, you need to go through the social security transfer procedures, and transfer the social security paid by the original unit to the new city enterprise unit to pay. First, print the insurance certificate in the social security bureau of the original company, and then go to the social security bureau of the new work city to handle the social security transfer.
To sum up, if you choose to resign voluntarily because the employer has not paid the social insurance premium for you, you can terminate the labor contract on this ground and ask the employer to give you economic compensation.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 46
In any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.
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