Job Recruitment Website - Social security inquiry - Do employees still pay social security when they leave their jobs that month?

Do employees still pay social security when they leave their jobs that month?

It depends on the specific date of resignation and the provisions of social security payment in that month.

I. Provisions on Social Security Payment

According to the Social Insurance Law of People's Republic of China (PRC) and related regulations, social insurance premiums are paid by both employers and workers. The part of social insurance premiums that employees should pay is usually withheld and remitted by the employer from the salary. Social insurance premiums are paid monthly, that is, they need to be paid in accordance with the prescribed proportion and standards every month.

Two. Social security payment in the month of resignation

Whether employees need to continue to pay social security when they leave in the current month mainly depends on the specific departure date. If an employee leaves his job before the social security payment period of the current month, the employer will usually not pay the social security fee of the current month for him. Because the payment of social insurance premiums is calculated according to the actual working days of employees in the employer, they no longer enjoy wage income after leaving the company, so they no longer need to pay the corresponding social insurance premiums.

However, if an employee leaves his job after the social security payment period of the current month, the employer may need to pay the social security fee of the current month for him according to the actual situation. This is because, although employees have left their jobs, their wage income has been generated within the working day before leaving their jobs, and they should pay the corresponding social security fees in accordance with the regulations.

Third, the handling of social security relations after employment

After the employee leaves his post, the employer shall handle the social security relationship transfer formalities for him in time. This means that even if employees have left their jobs, their social security accounts remain, but the payment unit has changed. Employees can continue to pay social security in the new employer, or they can choose to pay in their personal capacity.

In addition, it should be noted that after employees leave their jobs, the personal part of their social security accounts can be transferred. If employees continue to pay social security in the new employer, their previous social security payment records and personal account balances will be calculated cumulatively.

To sum up:

Whether employees need to pay social security when they leave the company in the current month depends on the specific date of departure and the provisions of social security payment in the current month. If you leave your job before the social security payment period, the employer will generally not pay the social security fee for the current month; If you leave your job after the social security payment period, you may need to pay according to the actual situation. After leaving the company, the employer should handle the social security relationship transfer formalities for employees in time, and employees can continue to pay social security in the new employer or choose to pay in their personal capacity.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 60 provides that:

The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.

People's Republic of China (PRC) labor contract law

Article 50 provides that:

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.