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Social security dissolution of labor contract filing process

Legal subjectivity:

If the company unilaterally terminates the labor contract, then the workers should pay attention to the need to obtain economic compensation and unemployment benefits subsidies. After going through the formalities, you should get the resignation certificate, social security manual and medical insurance payment form, and then go to the labor bureau to apply for unemployment certificate and register for unemployment; In order to go to the social security bureau for social security transfer, you can pay the social security fee yourself. After the termination of the labor contract, the employer may be required to cooperate with the transfer procedures such as file social security. If there is a new work unit, the file social security can be transferred to the new unit. If there is no new unit, the local talent market will generally provide temporary acceptance procedures, and you can consult. Generally, a new company will ask for a certificate of separation. Upon resignation, the employer may be required to issue a resignation certificate.

Legal objectivity:

Article 41 of People's Republic of China (PRC) Labor Contract Law is under any of the following circumstances. If it is necessary to reduce the number of employees by more than 20 or less, but it accounts for more than 10% of the total number of employees in the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and may reduce the number of employees after listening to the opinions of the trade union or employees and reporting to the labor administrative department: (1) carry out rectification in accordance with the provisions of the enterprise bankruptcy law; (two) serious difficulties in production and operation. 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. Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed. The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.