How to terminate the labor relationship between social security and the company

Insurance Bian Xiao helps you answer, and more questions can be answered online.

There are a few questions.

1, the company split up. Is the established subsidiary an independent legal person or a branch relying on the parent company?

The former should sign a new labor contract and terminate the labor relationship of the original company; The latter cannot terminate the relationship (the subsidiary has no independent employment qualification based on the parent company).

2. About social security

First terminate the original labor relationship, then sign a labor contract with the new company with relevant materials, and the personnel of the new company will go through the social security transfer procedures. Be careful not to interrupt social security for a month. It is suggested to establish labor relations after the completion of the labor security registration certificate of the new company.

3. Continuity of working years

The key point is to see whether the parent company paid the corresponding compensation when dissolving the labor relationship with the parent company, which can be regarded as dissolving the relationship and continuously calculating the working years in the new company; If compensation is not paid, the new company should accept the original continuous relationship of working years.

Note: Some units will require employees to resign first on the grounds of establishing new labor relations. Since resignation is a unilateral act of workers, the company can interrupt the working years of workers without spending a penny, and the new company accepts the relationship between workers and labor from the beginning. Therefore, when changing labor relations, we must not take the route of resignation-new employment. The original company must give enough compensation or confirm the continuous labor relationship in writing to protect the interests of employees to the greatest extent.