If the social security is reduced from the company, can it prove that the labor contract has been terminated?

That's not true. According to relevant laws and regulations, it is necessary to issue a certificate of dissolution of the labor contract. The employer's failure to pay social security does not prove the termination of the labor contract.

Legal analysis

The dissolution of the labor contract means that both parties terminate the legal effect of the labor contract in advance and terminate the rights and obligations of both parties. Mainly divided into the following categories: First, the laborer unilaterally terminates the labor contract. If the employing unit has any of the following circumstances, the employee may terminate the labor contract: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to legal circumstances; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance. Two, the employer unilaterally terminate the labor contract. It mainly includes fault dismissal, no-fault dismissal and economic dismissal. 1, fault removed. That is, when the laborer is at fault, the employer has the right to unilaterally terminate the labor contract. 2. No-fault dismissal. That is, the laborer himself is not at fault, but the labor contract cannot be fulfilled due to subjective and objective reasons, and the employer has the right to unilaterally terminate the labor contract after performing the procedures prescribed by law. 3. Economic layoffs. Economic layoff means that the employer cuts more than 20 people or less at one time due to economic or technical reasons, but it accounts for more than 10% of the total number of employees in the enterprise. Three. Both parties negotiate to terminate the labor contract. The employer and the employee may terminate the labor contract through consultation. Where the employing unit proposes to terminate the labor contract, the employing unit shall pay economic compensation to the laborer for the termination of the labor contract.

legal ground

Article 50 of the Labor Contract Law of People's Republic of China (PRC) * * * 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 of transferring the relationship between files and social insurance 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.