Job Recruitment Website - Social security inquiry - Is the employee's leave borne by the social security company or by the individual?

Is the employee's leave borne by the social security company or by the individual?

Employees take personal leave, and the general insurance shall be borne by the employer.

If an employee asks for two or three months' personal leave, the employer will pay social security for him as long as both parties have not dissolved the labor relationship, but the employer will only bear the part paid by the unit.

The personal leave was approved by the employer, and the employer did not ask for anything. Therefore, the social insurance premium during personal leave should be borne by enterprises and individuals, not by the parties concerned. To say the least, even if the employer and the parties agree in writing that the social insurance premium during the personal leave period shall be borne by the individual, this agreement is invalid.

Under certain conditions, social insurance premiums during personal leave can be borne by individuals. That is to say, when the employer signs a labor contract with the parties, it is agreed that the long-term vacation will be regarded as the termination of the labor contract, and it is agreed that the part paid by the social security unit during the termination of the labor contract will be borne by the employees themselves, which needs to be explained in detail in the rules and regulations, employee manuals and other texts. Only in this case can the obligations that should be borne by the employer be transferred to the individual employees.

What if you don't grant leave and then count as absenteeism?

Under normal circumstances, unauthorized absenteeism is absenteeism, which means that employees are absent on normal working days or without approval, unless the workers are absent due to force majeure, courage, participation in social activities according to law and other reasons. The employer has the right to refuse the employee's personal leave for personal reasons without special reasons. Laborers have the obligation to observe labor discipline, subject to personal leave. Absenteeism is treated as absenteeism.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 4 Employers and individuals who pay social insurance premiums according to law in People's Republic of China (PRC) have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services.

Tenth employees should participate in the basic old-age insurance, and employers and employees should pay the basic old-age insurance premium.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.

The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.

Article 60 The employing unit shall declare on its own and pay social insurance premiums in full and on time. Except for legal reasons such as force majeure, the payment shall not be postponed or reduced. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.

Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.