Job Recruitment Website - Social security inquiry - Can the new company pay social security during resignation?

Can the new company pay social security during resignation?

Repayable. However, due to personal reasons of employees (job hopping, resignation, etc. ), the social security payment cannot be repaid because it has no labor relationship with any unit. Only the company can and must repay in full according to the regulations. If the new employee needs the company to pay back the money for company reasons, it is not recommended for the manager to adopt it. If the company can't pay due to the company's reasons, it will bear the late payment fee, and there may be employment risks in the future. As the insured of social security, if the social security is interrupted due to their own employment problems, they will continue to participate in the insurance after the new company joins the company, without paying any fees. They only need to submit a copy of their ID card to the employer, so that the company can apply for an increase in social security. Even if you want to pay it back, it is not allowed in the social security system.

If you don't pay the medical insurance fee in that year, you can't enjoy the medical insurance benefits of that year.

If you pay, you will enjoy the treatment, but if you don't pay, you won't enjoy it. Generally, you can't enjoy medical insurance after paying off for more than 3 months. If you pay it off in one year, you don't have to pay it back. You can pay directly from now on, and you can enjoy medical insurance benefits after 3 months.

Medical insurance is insurance to compensate medical expenses caused by diseases. Social insurance in which employees are provided with necessary medical services or material assistance by society or enterprises due to illness, injury or childbirth.

Paying social security conditions is generally aimed at some historical problems; Insure (repay); Men under 60. Female: under 50 years old, social security coverage 15 years. No need to return; For endowment insurance and medical insurance, social security is cumulative. As long as you have accumulated the corresponding years before retirement, you don't have to pay it back. However, in some cities, such as Beijing, Shanghai and Guangzhou. The social security of foreign residents needs to be paid continuously for a certain period of time, and some benefits are counted as continuous months when calculating the continuous payment time of social security. Therefore, if the payment is interrupted in the middle, you can find an agent to return it.

legal ground

Labor law of the people's Republic of China

Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship 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 72 The sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

People's Republic of China (PRC) social insurance law

Article 60 The employing unit shall declare on its own and pay social insurance premiums in full and on time. Except for legal reasons such as force majeure, the payment shall not be postponed or reduced. 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.

Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.

Article 63 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.