Job Recruitment Website - Social security inquiry - What should I do if the unit fails to do it after paying social security?
What should I do if the unit fails to do it after paying social security?
1. If a party leaves his job and finds a new employer, the social security can be transferred to the place where the new employer is located, and the payment period can be calculated cumulatively according to law;
2. Those who are not employed can suspend the payment of social security or pay social security as flexible employees.
3. The individual pays in full, which means paying together with the part paid by the enterprise in the past, without interruption, but the personal burden is heavy and uneconomical.
4. Stop payment, resulting in the interruption of payment period and the stop of personal account accumulation, but as long as the time is not long, it will have little impact on the future.
Should I pay liquidated damages if I resign?
Resignation generally does not require payment of liquidated damages. In addition to "the employer can provide special training fees for workers to carry out professional and technical training, and can conclude an agreement with the workers to stipulate the service period" and "the employer and the workers can agree to keep the business secrets of the employer and confidential matters related to intellectual property rights in the labor contract. If the laborer violates the agreement, he shall pay liquidated damages to the employer in accordance with the agreement. Except in two cases, the employer shall not agree with the employee that the employee shall bear the liquidated damages.
In short, once the employee resigns from the company and the two parties terminate the labor relationship, the employer has no obligation to pay social security fees for the employee. At this time, workers need to properly handle their social security.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 50
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 for the transfer of files and social insurance relations for the workers 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.
People's Republic of China (PRC) social insurance law
Article 19
If an individual is employed across the overall planning area, his basic old-age insurance relationship will be transferred with him, and the payment period will be calculated cumulatively. When an individual reaches the statutory retirement age, the basic pension is calculated in stages and distributed uniformly. Specific measures shall be formulated by the State Council.
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