Job Recruitment Website - Social security inquiry - Will the social security company take responsibility in the month of leaving the company?
Will the social security company take responsibility in the month of leaving the company?
First, the impact of employee turnover date
The employee's resignation date is the key factor to decide whether the company will bear the social security for the current month. Generally speaking, if an employee resigns at the beginning of the month or in the middle of the month, and formally leaves the company within a reasonable period after resigning, then the employee still belongs to the company's on-the-job employees in that month, and the company should pay social security fees for him in that month. This is because the payment of social security fees is usually carried out on a monthly basis, and it takes some time for employees to leave their jobs and transfer social security relations.
However, if the employee resigns at the end of the month and leaves immediately, or if the company immediately goes through the resignation formalities and stops paying social security after the employee resigns, then the company may not bear the social security expenses for that month. This is because in this case, the employee is actually no longer an on-the-job employee of the company that month, and the company has no obligation to pay social security for him.
Second, the impact of the company's social security payment policy
In addition to the employee's resignation date, the company's social security payment policy will also have an impact on whether to undertake social security for the current month. Different companies may have different social security payment regulations. Some companies may stipulate that employees still have to pay social security for a certain period of time after leaving their jobs, and some companies may stop paying immediately. Therefore, employees should understand the company's social security payment policy before resigning, so as to protect their social security rights.
In addition, employees should also confirm the social security payment with the company when leaving the company to ensure that their social security relationship is properly handled. If it is found that the company fails to pay social security according to regulations, employees can complain to relevant departments to safeguard their legitimate rights and interests.
To sum up:
Whether the social security company accepts the resignation month depends on the employee's resignation date and the company's social security payment policy. Under normal circumstances, if an employee resigns within one month and formally leaves within a reasonable period, the company shall pay the social security fee for that month. But the specific situation needs to be judged according to the company's regulations and actual situation. Employees should understand the company's social security payment policy before leaving the company, and confirm the social security payment with the company to protect their rights and interests.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 58 provides that:
The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
People's Republic of China (PRC) labor contract law
Article 50 provides that:
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.
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