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How to deal with the social security of employees who leave their own
Legal analysis: (1) put forward their own request to the employer to ask the unit to make up for all the pension insurance premiums payable by them;
(2) if the employer refuses, they can actively negotiate with the unit, or ask the labor union to negotiate with the unit and reach a settlement agreement;
(3) if the parties concerned do not want to negotiate, fail to negotiate, or do not fulfill the settlement agreement after reaching it, they can apply for conciliation to the conciliation organization. fulfillment, they can apply for conciliation to the conciliation organization;
(4) if they are unwilling to conciliate, fail to conciliate, or do not fulfill the conciliation agreement after reaching it, they can apply for arbitration to the Arbitration Committee of Labor Disputes;
(5) if they are not satisfied with the arbitration award, they can file a complaint to the court within 15 days from the date of receipt of the award. Receiving pension insurance at the same time is not able to continue to receive survivor's benefits. According to the provisions of the social insurance law on the survivor's allowance can be received at the same time as the retirement salary, the personal account pension has the nature of mandatory savings, belonging to the individual, the death of the individual (including pre-retirement and post-retirement), the balance of the personal account pension can be inherited. In the event of death due to illness or non-work-related causes, the survivors may receive a funeral grant and a survivor's pension. Funeral grants and survivors' pensions are also part of an employee's entitlement to pension insurance benefits. If an employee is dismissed from public service, he or she will not be entitled to any of his or her previous benefits. However, if you have participated in the pension insurance during the previous period of employment its years of experience can be transferred to the later after finding a job to pay social security, but most of the agencies do not participate in the pension insurance.
Legal basis: "Chinese People's **** and State Social Insurance Law"
Article 2 The State establishes a social insurance system of basic pension insurance, basic medical insurance, industrial injury insurance, unemployment insurance, maternity insurance and other social insurance systems, to protect the citizens' right to obtain material assistance from the State and society in old age, illness, industrial injury, unemployment, childbirth and other situations in accordance with the law.
Article 3 The social insurance system adheres to the policy of broad coverage, basic protection, multi-level and sustainability, and the level of social insurance shall be commensurate with the level of economic and social development.
Article 4 Employers and individuals within the territory of the People's Republic of China*** and the State pay social insurance premiums in accordance with the law, and have the right to inquire about the records of payment of premiums and the records of individual rights and interests, and to demand that the social insurance administration agencies provide social insurance counseling and other related services. Individuals enjoy social insurance benefits in accordance with the law, and have the right to supervise the payment of contributions for them by their own units.
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