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How to deal with social security after resignation within the system
1. What about social security after resigning from the company?
After resignation, the handling of social security has the following provisions:
1. Endowment insurance has a personal account, and the ID number is the account number. There are three ways to deal with resignation.
First, the payment will be stopped, which will lead to the interruption of the payment period and the accumulation of personal accounts, but as long as the time is not long, it will have little impact on the future.
Second, the individual pays in full, that is, the part paid by the enterprise in the past is paid by himself without interrupting the payment, but it is not cost-effective for the individual to bear a heavier burden.
Third, if you want to find a job in other places, you can go through the insurance transfer procedures and go to a new employment area. Either way, if you find a new work unit, you can continue to pay according to the original account. You don't have to return it, you just can't return it.
2. Medical insurance also has a personal account. After resigning, the treatment method is basically the same as that of endowment insurance, and the money in personal account can continue to be used locally.
3. Work injury insurance, unemployment insurance and maternity insurance all have no personal accounts, and the insurance will be automatically lifted after resignation. However, as long as the unemployment insurance has been paid for one year, it can be collected if it is not caused by personal reasons.
The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for the workers 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.
Second, do you need to pay liquidated damages for resigning?
Resignation generally does not require payment of liquidated damages. In addition to "the employer can provide special training fees for workers to carry out professional and technical training, and can conclude an agreement with the workers to stipulate the service period" and "the employer and the workers can agree to keep the business secrets of the employer and confidential matters related to intellectual property rights in the labor contract. If the laborer violates the agreement, he shall pay liquidated damages to the employer in accordance with the agreement. Except in two cases, the employer shall not agree with the employee that the employee shall bear the liquidated damages.
In labor arbitration, the employer shall provide evidence of special service fees. If there is no evidence, it will not be supported.
The amount of liquidated damages shall be paid in proportion to the unfinished service period.
Once the employee resigns from the company, the two parties terminate the labor relationship, and the employer has no obligation to pay social security fees for the employee. At this time, it is necessary for workers to properly handle their social security, especially medical insurance and endowment insurance, which are closely related to the welfare benefits after retirement. If the old-age insurance has been broken before, it will often be required to make up when going through retirement procedures.
legal ground
Article 12 The employing unit shall pay the basic old-age insurance premium according to the proportion of the total wages of employees stipulated by the state and record it in the basic old-age insurance pooling fund. Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts. Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employing unit and other flexible employees who have participated in the basic old-age insurance shall pay the basic old-age insurance premiums in accordance with state regulations and record them in the basic old-age insurance pooling fund and individual accounts respectively.
Thirteenth employees of state-owned enterprises and institutions to participate in the basic old-age insurance, the basic old-age insurance premiums payable during the payment period shall be borne by the government. When the basic old-age insurance fund is insufficient to pay, the government gives subsidies.
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