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When do new employees pay social security accumulation fund?
The Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System stipulates that "according to the provisions of the Labor Law, a probation period of no more than six months may be agreed in the labor contract. If the term of the labor contract is less than six months, the probation period shall not exceed fifteen days; If the term of the labor contract is more than six months but less than one year, the probation period shall not exceed thirty days; If the term of the labor contract is more than one year but less than two years, the probation period shall not exceed 60 days. The probation period is included in the labor contract period. " Therefore, the starting date of social insurance should start from the probation period of establishing labor relations.
Case 1: How to calculate the payment time of social security after job-hopping?
Because I am not a Dongguan hukou, I have paid social security for 6 years before. If you can't continue to pay social security fees while looking for a job, can you pay the vacant social security fees when you arrive at the new unit? Or you are still working in Dongguan, and you have to start a new salary in a new unit. Can you keep the actual payment for the previous months? Are the personal amount of the basic pension account and the amount of the local pension account in the social security card always kept? Can the allocated medical insurance fund be used normally?
Answer:
When you work in a new unit, you can renew your insurance from the month when you establish labor relations, and you can't return it. Personal account and payment period of endowment insurance have been kept. The money in the medical insurance card account can be used normally.
But you'd better not stop the insurance for more than two months, and stop paying for more than two months before renewing the insurance. Medical insurance is regarded as re-insurance.
Case 2: The unit failed to pay social insurance.
Social insurance belongs to the national compulsory insurance, and all units and individuals that establish labor relations must participate, which is clearly stipulated in Article 72 of the Labor Law.
Therefore, you have been working in your current unit since xx, but you didn't pay social insurance until yy, which obviously violated the above provisions of the Labor Law and infringed on your legitimate rights and interests.
You have the right to ask the unit to pay the unpaid social insurance premium for you from the date of joining the work to yy year. Otherwise, you can complain to the local administrative department of labor and social security and ask for intervention and punishment; You can also directly apply to the Labor Dispute Arbitration Committee for arbitration and ask the ruling unit to pay the unpaid social insurance premium for you.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.
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