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What if the company stops production and does not pay social security?
The unpaid social insurance co-ordination fee shall be paid to the date when the people's court decides to declare bankruptcy. The specific expenses shall be implemented in accordance with the relevant provisions of the bankruptcy law, and priority shall be given to repayment from the bankrupt property of the enterprise, including the economic compensation that the employer should pay to the workers due to the termination of the labor contract.
How to deal with the social security of employees after the bankruptcy of enterprises?
The company needs to pay social insurance for its employees. After the enterprise goes bankrupt, the social insurance of its employees can be paid as flexible employees.
Flexible employment payment shall be applied by myself according to the regulations, and may also be paid by the bankruptcy liquidation group after the consent of the workers' congress. Flexible employees should pay in time, and it is not allowed to pay the arrears across the year.
In addition, if an enterprise fails to find employment in time after bankruptcy and fails to apply for self-employment, those who meet the conditions of enjoying unemployment insurance benefits can enjoy unemployment insurance benefits according to law.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: calculation of economic compensation in Article 47 of the Labor Contract Law.
The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years 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 workers 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 divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers 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.
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