Separation unit does not give the transfer of social security how to do

The first thing you should do is to communicate with the unit you are leaving, and explicitly ask it to handle the social security transfer procedures. If communication is fruitless, you can complain to the labor inspection department and attach relevant evidence.

I. Communicate with the departing unit

After leaving the company, the employee should first communicate with the human resources department or the person in charge of the departing unit, and explicitly request the transfer of social security procedures. In this process, employees can prepare relevant evidence, such as labor contracts, social security payment records, etc., to prove their rights and interests.

Second, to the labor inspection department to complain

If the leaving unit refuses to handle the social security transfer procedures, the employee can to the local labor inspection department to complain. Complaints, the employee needs to submit detailed complaint materials, including personal identification, labor contracts, proof of separation, social security payment records. The labor inspection department will investigate the complaint and deal with the departing unit accordingly.

Third, seek legal aid

If an employee encounters difficulties in the process of defending his or her rights, he or she can seek legal aid. You can consult a lawyer or a legal aid organization to learn about the relevant laws and regulations and ways to defend your rights. If necessary, the employee can file a lawsuit to the court, requiring the separation unit to fulfill its legal obligations.

In summary:

When the leaving unit does not give the transfer of social security, the employee should firstly communicate with the leaving unit, and explicitly request it to handle the social security transfer procedures. If the communication is fruitless, you can complain to the labor inspection department and attach relevant evidence. In the process of defending their rights, employees can seek legal assistance, if necessary, to the court proceedings.

Legal basis:

The Social Insurance Law of the People's Republic of China

Article 58 stipulates:

The employer shall apply to the social insurance agency for social insurance registration for its employees within 30 days from the date of employment. If it fails to register for social insurance, the social insurance administration organization shall approve the social insurance premiums to be paid by it.

Article 60 stipulates:

Employers shall self-declare and pay social insurance premiums in full and on time, and shall not defer or reduce payment except for force majeure or other legal reasons. The social insurance premiums to be paid by employees shall be withheld and paid on behalf of the employer, and the employer shall inform the individual of the details of the payment of social insurance premiums on a monthly basis.

The Law of the People's Republic of China on Labor Contracts

Article 50 stipulates that:

The employer shall issue a certificate of termination of the labor contract at the time of termination of the labor contract, and shall handle the transfer of the files and the social insurance relations of the workers within fifteen days.