If an employee does not terminate the labor contract with the company after leaving the company, how

The company shall issue a notice of termination of the contract and directly apply for the suspension of insurance with the social insurance institution.

If an employee resigns without authorization and does not terminate the contract with the company, the employee may terminate the labor contract as a serious violation of the rules and regulations of the employer for absenteeism, or terminate the contract according to voluntary resignation, and the company may directly issue a notice of termination of the contract and send it to the employee himself and the relevant authorities. Hold the notice of termination of the contract to the social insurance institution to apply for the suspension of insurance.

10 After the company's employees leave the company, do not come forward to terminate the labor contract with the company, the company has paid a month's social security expenses for them, the employee has been delayed again and again, the company should handle the suspension of insurance for them! Addendum: Thank you in advance!

Is it okay to just issue a dismissal notice and go to the Social Security Bureau? No longer have to go through the labor and social security department? Do you still need to get a business license or something?

I just got into this post and there was such a trouble... Addendum: No, if you resign, both parties to the contract must first go to the labor department to terminate the contract, both parties must be present, and check that you want the original ID card!

At present, the protection of workers is relatively strong. It's hard to do, otherwise it's announced, hey! Do you know the process?

Supplement: Oh, isn't it that the termination of the labor contract has nothing to do with whether or not you stop paying social security?! Can the company directly take the resignation letter to the Social Security Bureau to handle it?

Don't show them the terminated employment contract? I'm so dizzy, the person who took over my work left without explaining anything! Added:

Thank you, Wenzi, do you have to contact the labor contract before you can suspend the insurance?

Legal analysis: The company does not suspend the insurance when the employee leaves the company, and can pass labor inspection or arbitration. Generally speaking, when employees leave their jobs, the company has to go through the procedures for sealing social security, and the social security is too heavy for the enterprise, generally about 30%, and not giving employees to stop the insurance means that the company will continue to bear 30% of the monthly employee salary of social security costs.

If the company does not stop social security to prevent employees from leaving, and the current company must purchase social security, then the company and the company can conduct friendly negotiations, and if the negotiation fails, let the former company write a statement, and the former company is responsible for medical treatment, maternity, unemployment, work-related injuries, etc., then it is also a guarantee for the current company.

Legal basis: Article 17 of the Labor Law of the People's Republic of China The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

Legal Analysis: The resignation of an employee who changes state may be a situation of termination of the contract, or it may be the termination of the contract.

Specifically, it is necessary to make a judgment based on the reason for the employee's departure. First of all, it should be made clear that the termination of the contract is a superordinate generalization.

Reading, including the termination of the contract. In addition, the termination of the contract includes:

The performance period of the contract has expired, and the labor debts of both parties have been fulfilled.

Other circumstances in the first paragraph. If it is a party negotiated between the employer and the employee.

If the employment contract is terminated, it is considered to be the termination of the employment contract.

and the circumstances in which the agreement is terminated. Secondly, if it is an employer.

If the employer has a statutory wrongdoing, the employee shall be punished in accordance with the Labor Contract Law.

and the provisions of the Labor Law, the unilateral termination of the contract in accordance with the law is also a termination of the labor contract.

Legal basis: Article 557 of the Civil Code of the People's Republic of China In any of the following circumstances, the creditor's rights and debts shall be terminated:

1) The debts have been performed, 2) the debts are offset against each other, (3) the debtor deposits the subject matter in accordance with the law, (4) the creditor forgives the debt, (5) the creditor's rights and debts are attributed to the same person, and (6) other circumstances stipulated by law or agreed by the parties to terminate.

If the contract is terminated, the rights and obligations of the contract shall be terminated.

3. A resignation certificate is required for the withdrawal of the housing provident fund, and there will be no resignation certificate if the labor contract is not terminated. 4. If the labor contract is not terminated, the next company may not be able to sign the labor contract with the employee, because the manuscript file can bring risks to the new unit.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality and voluntariness, consensus on material respect, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal analysis: As long as there is an employment relationship between the employer and the employee, the employer needs to purchase social insurance for the employee, so the social insurance can be terminated directly without terminating the labor contract.

Legal basis: Social Insurance Law of the People's Republic of China

Article 58 An employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay. Individually-owned businesses without employees, part-time employees who do not participate in social insurance at the employer, and other flexibly employed persons who voluntarily participate in social insurance shall apply to the social insurance agency for social insurance registration.

The State shall establish a nationwide unified personal social security number. An individual's social security number is a citizenship number.

Article 6 The employer shall declare and pay the social insurance premiums in full and on time, and shall not defer or reduce the payment except for force majeure or other statutory reasons. The social insurance premiums to be paid by the employee shall be withheld and paid by the employer, and the employer shall inform the employee of the details of the social insurance premiums paid on a monthly basis. Individually-owned businesses without employees, part-time employees who do not participate in social insurance at the employer, and other flexibly employed persons may directly pay social insurance premiums to the social insurance premium collection agency.

Article 38 of the Labor Contract Law stipulates that an employee may terminate a labor contract if the employer falls under any of the following circumstances: 1) the employee fails to provide labor protection or the working conditions are reasonable in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with the law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer compels an employee to work by means of violence, threats, or illegal restriction of personal freedom, or if the employer violates rules and regulations by directing or forcing risky work to endanger the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer.

Article 36 of the Labor Contract Law of the People's Republic of China The employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 37 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 5 of the Labor Contract Law of the People's Republic of China refers to Article 10 The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and shall go through the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

When an enterprise closes down, it should first dismiss its employees, and when an enterprise closes down, it should first terminate the labor contract relationship with its employees and dismiss its employees. Employees who are closed and dismissed by the company are required to pay employee severance and pay according to the number of years of service of the employee. Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee according to the number of years of service in the employer and one month's salary for each full year.

where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. The monthly wage of the worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located; The standard of severance shall be paid at three times the average monthly salary of the employee, and the maximum period of severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.