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Can an employee terminate the labor contract without paying social security?
Legal analysis: employees who fail to pay social security can terminate the labor contract. Moreover, in this case, the unit that terminates the labor contract shall pay the economic compensation to the employee, and pay the employee one month's salary according to the standard of working in the unit for every full year. For more than six months but less than one year, it shall be counted as one year; Less than six months, pay employees half a month's salary. According to the relevant laws and regulations, if the employer fails to pay the social insurance in time, the employee can resign at any time, without a month in advance, because the unit broke the law first.
Legal basis: Under any of the following circumstances in Article 32 of the Labor Law of People's Republic of China (PRC), the employee may notify the employer to terminate the labor contract at any time: (1) During the probation period; (2) The employing unit forces labor by means of violence, threat or illegal restriction of personal freedom; (three) the employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.
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