What should I do if the unpaid leave unit owes social security?

If the unpaid leave unit owes social security, it can apply for labor arbitration or solve it through legal channels.

During the period of "leave without pay", employees still maintain labor relations with their original units, and enterprises should pay social security for them.

The so-called "leave without pay" is actually the termination of the labor contract. The so-called dissolution of the labor contract means that both parties reach an agreement through consultation and temporarily suspend the performance of the labor contract for some reason. The labor law does not stipulate the termination of the labor contract. However, according to the national laws and the relevant provisions of "leave without pay", the original unit should pay social security for employees.

The reason is:

First, if "leave without pay" is regarded as the termination of the labor contract, the original intention of "leave without pay" is only that the enterprise stops paying the wages of the workers and retains their public office, that is, maintains the labor relationship. Since there is a labor relationship, it should be regarded that the employee is still a regular employee of the original unit, and the unit should pay social security in full and on time for the employees who leave without pay.

Second, although the "unpaid leave" personnel did not provide labor obligations for the unit, they paid management fees every month as agreed by both parties. Refer to About Employees of Enterprises issued by the former Ministry of Labor and Personnel and the State Economic Commission on June 1983+0 1.

"Notice on Leave without Pay" stipulates that "leave without pay" personnel should, in principle, pay the labor insurance fund to the original unit on a monthly basis, and the amount is generally not lower than their original standard salary.

20%, calculate length in the "unpaid leave" period.

Therefore, if the "unpaid leave" personnel pay the management fee and labor insurance fund to the original unit on a monthly (or regular) basis during the "unpaid leave" period, the enterprise shall also pay the social security in full monthly, and shall not default or refuse to pay.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.