Can the last person in social security be forced to reduce staff?

The last person in social security can be forced to reduce staff.

First, the procedure for the last person in the company to pay social security layoffs.

1. The original unit submitted the certificate of termination of the labor contract between the individual and the unit, the endowment insurance manual and the registration form of increase or decrease of the employee's endowment insurance payment to the social insurance center of the local people's social security bureau to reduce your personal account, that is, deduct you from the company's social security account. After downsizing, the unit will return your pension insurance handbook, pension insurance personal account reduction form and other related procedures to you.

When you go through the transfer formalities, there must be a gap between you and the termination period of the labor contract. The unpaid fees during this period must be paid at the window of the social security center under the jurisdiction of the local human resources and social security department. Provide pension insurance handbook, pension insurance personal account personnel write-down form and other related procedures, and go through the renewal procedures in the name of self-employed. So that you can go through the transfer formalities.

3. Before going through the transfer formalities, you must provide the detailed address, unit name, bank name and bank account number of the human resources and social security bureau of the transfer place to the service center where the self-employed individuals pay, so that they can accurately transfer the amount of your personal endowment insurance account and the interest during the period to the social security center in the required place for renewal. In this way, your insurance relationship will be clear;

4. Procedures vary from place to place. You can call the national unified social security consultation telephone number 12333 for further consultation.

2. The company does not apply for layoffs, and the ways of compulsory layoffs are as follows:

1. If the original unit has been cancelled, the employee can go to the social security agency of the insured place to handle the staff reduction with the enterprise cancellation certificate issued by the Market Supervision Administration;

2. If the original unit has not been cancelled and has not gone through the formalities of terminating the contract or reducing staff according to the regulations, it may bring a lawsuit to the Labor and Personnel Dispute Mediation and Arbitration Institute, terminate the labor contract with the original unit, and then go through the formalities of reducing staff through an award.

The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, so as to guarantee citizens' right to get material help from the state and society in accordance with the law when they are old, sick, injured, unemployed and have children. Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights records, and require social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

legal ground

People's Republic of China (PRC) (China) Labor Contract Law

Article 49 The State shall take measures to establish and improve the system of trans-regional transfer and connection of employees' social insurance relations. Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship 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.

Article 25 of People's Republic of China (PRC) Social Insurance Law

The state establishes and improves the basic medical insurance system for urban residents.

The basic medical insurance for urban residents combines individual contributions with government subsidies.

People who enjoy the minimum living guarantee, disabled people who have lost their ability to work, elderly people and minors over 60 years old in low-income families, etc. , subsidized by the government.

Article 83 If an employing unit or individual thinks that the behavior of a social insurance fee collection agency infringes upon its lawful rights and interests, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. The employing unit or individual may apply for administrative reconsideration or bring an administrative lawsuit against the social insurance agency for failing to register social insurance, verify social insurance premiums, pay social insurance benefits, handle social insurance transfer and connection procedures or infringe upon other social insurance rights and interests according to law. Individuals and employers who have social insurance disputes may apply for mediation, arbitration and bring a lawsuit according to law. If an employer infringes upon an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law. Eighty-fourth employers do not apply for social insurance registration, the social insurance administrative department shall order them to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan. Article 85 Where an employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be handled in accordance with the provisions of the Labor Contract Law of People's Republic of China (PRC).

Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.