How to operate enterprise social security layoffs

Legal analysis: The enterprise carries the certificate of dissolution or termination of the labor contract and goes to the social insurance agency to change or cancel the social insurance registration.

Legal basis: Article 50 of the Labor Contract Law of People's Republic of China (PRC) stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when it is dissolved or terminated, and go through the formalities of transferring the relationship between files and social insurance for the employee 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.

Article 57 of the Social Insurance Law of People's Republic of China (PRC), the employing unit shall, within 30 days from the date of its establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The social insurance agency shall, within fifteen days from the date of receiving the application, examine and issue the social insurance registration certificate. Where the social insurance registration items of the employing unit are changed or the employing unit is terminated according to law, it shall, within 30 days from the date of change or termination, go to the social insurance agency to handle the change or cancellation of social insurance registration. The market supervision and management department, the civil affairs department and the organization management organ shall promptly inform the social insurance agency of the establishment and termination of the employing unit, and the public security organ shall promptly inform the social insurance agency of the birth, death, household registration, migration and cancellation of the individual.