Job Recruitment Website - Social security inquiry - The former company maliciously stopped social security and did not reduce staff.

The former company maliciously stopped social security and did not reduce staff.

In the former company, employees who maliciously stop paying social security without layoffs can complain to the labor arbitration department and impose administrative penalties on the company.

If it is registered in this city, you can apply to the district labor arbitration Committee where the unit is located for arbitration; If the unit is a municipal unit, it may apply to the Municipal Labor Arbitration Commission for arbitration; If the unit belongs to a district, it may apply to the district labor arbitration commission where the unit is located for arbitration; If the unit is a provincial unit, it can be reflected to the provincial labor and social security department.

If the employer refuses to issue a certificate of termination or dissolution of labor relations, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.

If the former company still doesn't lay off employees after reporting, it will go directly to arbitration, and the individual will go to the social security counter with a court judgment or a ruling from the labor department (the judgment or ruling must have a clause to terminate labor relations). Forms shall be provided:

(1) Original and photocopy of employee ID card;

(2) Description of individual surrender: The individual should explain the unit situation and individual surrender intention on the copy of ID card, and sign it for confirmation;

(3) Proof of termination of labor relations (in view of the unit's refusal to handle downsizing): the original and photocopy of the court judgment or ruling of the labor department (the judgment or ruling must have provisions for termination of labor relations), so that downsizing can be handled by itself.

Legal basis:

Article 63 of the Social Insurance Law If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

Article 85 Where an employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be handled in accordance with the provisions of the Labor Contract Law of People's Republic of China (PRC).

Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.

Article 50 of the Labor Contract Law of People's Republic of China (PRC), 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 the relationship between files and social insurance for the employee within 15 days.