I didn't sign a labor contract with my former company, but my former company paid me social security. Now working in a new company, how to terminate the social security relationship with the old compa

I didn't sign a labor contract with my former company, but my former company paid me social security. Now working in a new company, how to terminate the social security relationship with the old company? In this case, we need to see the actual situation.

If the employees are laid off from the former state-owned, collective enterprises or some institutions (note: there is an essential difference between laid-off and unemployment. There are no laid-off jobs, but it is likely that the original labor relations will be maintained. For example, some old state-owned enterprises do not dismiss after stopping production and transfer to local custody centers, and social security is paid by the custody centers; And unemployment is to suspend labor relations) or leave without pay. The State Council and the former Ministry of Labor have documents. Although such personnel retain their original labor relations, they can still establish labor relations with the new company.

Because you can only pay one social security, your company can sign a labor contract with it, and the social security relationship remains in the original unit, which is commonly known as "dual labor relationship". At present, there are fewer and fewer people who are suitable for this dual legal relationship, but it does not mean that there are no.

On the other hand, this person has established labor relations and paid social security, but for various reasons, he did not terminate the relationship or stop his insurance and went to work in a new company.

In either case, first of all, a person cannot participate in and pay two social insurances at the same time. Even if it is caused by repeated payment across regions, it will be deducted in the end. Therefore, it is not illegal for you not to pay social insurance for him as long as his original unit has not been interrupted.

But the biggest risk of this person is not whether to pay social security, but dual labor relations.

If this person does not terminate the labor relationship with the original unit and stop the insurance, he will be employed in the new unit. Unless it is in the first case (the former state-owned, collective enterprises or institutions are laid off, and their dual relationship is documented), the new unit will also involve an illegal employment problem. If the directly related unit discovers this person's behavior and raises an objection, then the new company may involve a compensation problem for the original unit.

In particular, if the employee has a big interest relationship with the original unit, and the labor relationship with your company leads to heavy losses of the original unit, the losses may be borne by your unit, so you must be cautious in hiring such personnel and understand the situation clearly.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.