Do employees who leave their jobs due to personnel errors have the right to recover the one-month insurance paid to employees?

1. Legally speaking, the employee should not get insurance, but the company has the right to recover the unjust enrichment belonging to the employee due to the company's mistakes. The specific way can be negotiated with the employees, or if the negotiation fails, the case should be won, but your company should consider the litigation cost and energy consumption. ?

In fact, this kind of thing has happened in many companies, and it is rarely recovered because it is too difficult to recover. If you meet reasonable employees, you will agree to retire. I just want to criticize the specific employees from the management and ask them to check the resigned employees before paying social security, but don't let the employees who made mistakes bear the losses. It's not fair. Everyone makes mistakes.

Second, if it is overpaid social security, it cannot be returned.

Circumstances that can be surrendered and refunded:

1, reaching retirement age, not meeting the payment conditions 15 years (full payment of personal account deposit);

2. The insured dies for some reason (personal payment and interest);

3, the insured person to settle abroad (personal payment and interest);

4. In case of death after retirement, the balance of personal account (personal payment and interest).

Three. Information required for handover:

1, endowment insurance manual;

2. Original and photocopy of ID card;

3. Application for surrender and relevant certification materials.

Whether your company can let your employees provide this information is also a big problem.

Extended data:

The claim for the return of unjust enrichment belongs to the creditor's right, and there is no reason not to apply the statute of limitations. The starting point of the limitation period is still when the contract terminates and becomes effective. This is also different from the starting point of the limitation period of the claim for the return of unjust enrichment in the case of invalid contract. ?

The effect of the debt of unjust enrichment

After the establishment of unjust enrichment, there is a creditor-debtor relationship between the beneficiary and the victim, that is, the debt of unjust enrichment. Unjust enrichment is the basis of unjust enrichment debt, and unjust enrichment debt is the effect of unjust enrichment.

The content of the debt of unjust enrichment is the obligation of the beneficiary to return the improper benefits and the right of the victim to request the return of the improper benefits. Therefore, the basic effect of unjust enrichment is the victim's right to claim unjust enrichment.

The scope of the beneficiary's return varies depending on whether it is honest or not, and it is divided into the following three types:

First, when the beneficiary is in good faith, that is, when the beneficiary does not know that there is no legal basis, the scope of returning benefits is limited to the part where the benefits exist; If the interest no longer exists, there is no obligation to return it. The so-called vested interests are not limited to the original inherent forms. If the form changes, the property value of the property still exists or can be compensated, and it still belongs to the existing interests.

Second, the beneficiary is malicious, that is, when obtaining benefits, knowing that there is no legal basis, the scope of benefits should be the amount when the beneficiary obtains benefits. Even if the benefits have decreased or even ceased to exist at the time of return, the obligation of return cannot be exempted. This is because the beneficiary knows that there is no legal basis for obtaining benefits, but still ignores the legitimate interests of the victims and does not need special legal protection.

Third, the beneficiary is in good faith when obtaining benefits, and then it is malicious. The scope of his return should be based on the interests that existed at the beginning of my malice.

Baidu encyclopedia-unjust enrichment