Job Recruitment Website - Social security inquiry - Does the company that left on June 5438+05 have to pay social security?
Does the company that left on June 5438+05 have to pay social security?
According to the provisions of the Labor Law, if an employee leaves his job after the date of 15, the original employer shall bear the social security expenses of that month. The termination time of social security is subject to the record in the Labor Contract Termination Certificate, and the payment is generally suspended from the next month. If the employee leaves the company before the date of 15, the social security of the current month will not be paid by the original company, but will be borne by the new company. If the employer fails to pay the social security fee in full and on time, the social security collection agency shall order it to pay or make up within a time limit, and may impose a certain amount of fine. Therefore, if employees leave their jobs on or after the date of 15, the company must pay the social security fee for that month.
Payment rules of social security:
1. Subject of payment: both the employer and the individual pay according to the specified proportion;
2. Payment time: it is generally completed within the specified time of each month, and the specific date is determined by local policies;
3. Payment base: determined according to the average wage income of the individual in the previous year, with the maximum and minimum payment base limits;
4. Payment ratio: different regions and different types of social security (pension, medical care, unemployment, work injury and maternity insurance) have different payment ratios;
5. Payment policy: most areas have regulations and procedures for paying unpaid social security fees;
6. Stop paying: If you stop paying, it may affect your social security benefits;
7. Transfer and connection: After an individual leaves his post, the social security relationship can be transferred to a new employer or individual to continue to pay.
To sum up, according to the Labor Law, if employees leave their jobs after 15, the original employer will bear the social security expenses of the current month, and if employees leave their jobs before 15, the new employer will bear them. If the employer fails to pay social security fees in full and on time, it will be ordered to pay or make up within a time limit and may be fined. Therefore, if employees leave their jobs on or after the date of 15, the company must pay the social security fee for that month.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 60
The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.
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