Job Recruitment Website - Social security inquiry - What if the company unilaterally relieves employees of social security?
What if the company unilaterally relieves employees of social security?
If the company dismisses employees without reason, it shall pay double economic compensation to supplement social security. Article 82 If an employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary. If the employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with the laborer, it shall pay the laborer twice the salary every month from the date when the open-ended labor contract should be concluded. Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.
Legal objectivity:
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 of transferring the relationship between files and social insurance for the employee within 15 days. Article 58 of the Social Insurance Law of People's Republic of China (PRC) * * * The employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.
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