Job Recruitment Website - Social security inquiry - How to compensate social security for unit layoffs?

How to compensate social security for unit layoffs?

Legal analysis: Workers will get economic compensation for layoffs, but they will not get compensation for the suspension of social insurance. The employer will transfer the social security relationship in Paris for the resigned employees, and the workers can continue to pay social security after finding a new job.

Legal basis: People's Republic of China (PRC) Labor Contract Law.

Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of a worker is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary of the worker, and the longest period for paying economic compensation to the worker shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

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.