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Hello, let me tell you what I think, not necessarily right.
In fact, the most important thing to resign from is to benefit yourself, and don't be excused by the company for not having to pay compensation. Quincy for you.
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If an employee resigns, the social security cannot be refunded in advance, and the social security treatment needs to be enjoyed after meeting the conditions, and cannot be directly returned and withdrawn. If the employee reaches retirement age and does not enjoy the pension insurance benefits, then the personal contribution can be refunded, and the social security can only apply for transfer and accumulation before that, and cannot be returned. The personal payment part of medical insurance can be used in the employee's personal account, and the health account part of the personal account can still be used to buy medicine after resignation.
1. Pension insurance has a personal account, the ID number is the account number, and there can be three ways to deal with it after resignation:
The first is to stop paying fees, resulting in the interruption of the payment period and the cessation of personal account accumulation, but as long as the time is not long, it will have little impact on the future;
The second is to pay the full amount by the individual, that is, to pay the part of the past together with the part paid by the enterprise without interrupting the payment, but it is not cost-effective for the individual to bear a heavier burden;
Third, if you go to other places to seek employment, you can go through the insurance transfer procedures and go to a new employment area. Either way, you can find a new employer and continue to pay according to the original account, and you don't need to make up the payment, but you can't get a refund.
2, medical insurance, there are also personal accounts, after resignation treatment methods are basically the same as endowment insurance, the money in the personal account can continue to be used locally, but at present can not be transferred, the state has introduced the relevant transfer measures, after July 1 this year, the local ** issued implementation rules can be implemented.
3. Work-related injury insurance, unemployment insurance, and maternity insurance do not have personal accounts, and the insurance will be automatically lifted after resignation, but unemployment insurance can be received as long as the payment has been paid for one year and unemployment is not caused by personal reasons.
4. Housing provident fund, there are personal accounts, enterprises and individuals pay fees, all form the total amount of personal accounts, just like the bank's fractional deposit ownership belongs to the individual, after resignation, just stop saving money, but the money in the account is still yours, as long as it meets the provident fund withdrawal regulations, it can be withdrawn at any time, and it can be renewed in the future, and it will never be invalid.
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I've received this question of yours and am sorting this out, please wait.
Questions. I used to be in Hangzhou, but now I don't stay in Hangzhou. Social security has also been stopped for many years.
In general, social security cannot be refunded. The Social Insurance Law clearly stipulates that personal accounts may not be withdrawn in advance.
That is, the law does not allow surrenders. However, in our real life, when there are special circumstances, it is possible to surrender the insurance, the specific circumstances are as follows: 1. Duplicate payment Since the current social security has not been networked nationwide, it is possible for employees to pay social security at the same time in two different provinces.
It's just that the social security paid in the repeated time period is not included in the accumulation of years, and the part of the social security paid repeatedly by employees is likely to be paid in vain. At this time, the relevant departments will return the principal and interest paid by the individual who cannot be transferred and merged to the person in accordance with the principle of "transfer first and then clear" when collecting the pension insurance relationship. To put it simply, if you accidentally pay social security in two cities at the same time, you can be refunded the amount paid in one city.
2. If you have not paid enough social security for 15 years at the time of retirement, you can only receive a pension when you have paid social security for 15 years and you can only receive a pension when you reach retirement age. However, some people can get back their social security payments because they are late, and when they reach the statutory retirement age, they have not paid for 15 years, and they are not willing to make up the difference at one time. In other words, you have not paid social security for 15 years, and although the state will not pay you a pension on a monthly basis, it will not "eat" the money you have already paid.
3. If the insured person dies before reaching the retirement age, then the immediate family members of the deceased can apply for the withdrawal of the money in the social security account and belong to the family, which is a national regulation. In fact, social security is to make us live better, you live a day to give a day's money, as long as the person is still there, a medical treatment will be reported once, which is also one of the differences between it and commercial insurance. 4. Immigrants and SettlersIf the insured person settles abroad or Hong Kong, Macao and Taiwan before meeting the conditions for receiving the basic pension, he can receive all the savings in his personal account at one time and terminate the basic pension insurance relationship.
If the insured person settles abroad after retirement, the basic pension can be collected by the person designated by him/her, or it can be deposited in the handling agency; In addition, it is possible to make a lump sum claim to pay the balance of the entire amount stored in their personal account in a lump sum.
In fact, social security is a kind of security after retirement, or very important, if you leave, you can go through the social security continuation procedures, then to the new place can be cumulatively calculated.
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Hello, I am glad to answer for you: if you can't get a refund, part of the social insurance premiums paid by the resigned employer cannot be refunded. If a worker resigns from his or her original employer and takes up employment with a new employer, he or she shall go through the procedures for transferring social insurance, and the new employer will help him or her to pay social insurance; Those who have not been employed by the new employer may pay social insurance premiums directly to the social insurance premium collection agency as a flexible employee.
Legal basis: Article 60 of the Social Insurance Law of the People's Republic of China stipulates that an employer shall declare and pay social insurance premiums in full and on time, and shall not defer or reduce or reduce the payment unless due to 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.
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Hello, glad to answer for you.
Social security is generally non-refundable. In some cases, it can also be returned, the details are as follows:
1) Foreign: You can apply for a refund of the part of the individual contribution after leaving the job, but the part paid by the unit cannot be refunded.
2) The insurance cannot be surrendered halfway, and can only be refunded if it is not enough to die, settle abroad, or pay the fee less than 15 years; However, it can only be refunded to the individual, and the part of the unit cannot be refunded.
3) If you bear the full amount of social security expenses, then you can only refund one-third of the money, and the remaining two-thirds belong to the unit and cannot be refunded. Of course, the specific policy recommendations should be consulted with the local social security management unit.
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1.Less than 15 years of social security contributions at the time of retirement.
As I talked before, the social security system will become more and more perfect, according to the current policy trend, it will be more and more difficult to make up the social security payment, if the insured reaches the retirement age, the social security has not paid enough years, then it can only delay retirement and continue to pay.
If the insured is unwilling to delay retirement, he or she can also consider a refund and apply for a one-time withdrawal of the money in the personal account of the pension insurance and no longer continue to participate in the insurance.
2.Duplicate insurance contributions.
The current social security system has not achieved national networking, and it is not excluded that there will be duplicate insurance;
The most common thing is that many friends who work in other places have paid a social security for employees and at the same time bought a social security for urban and rural residents in their hometown;
In the case of repeated insurance, whether it is the receipt of pension or the reimbursement of medical expenses, it is not possible to enjoy double protection, and the social security paid in the repeated period of time is not included in the accumulation of years, and the pension insurance relationship is based on the principle of "first transfer and then clearing", and the principal and interest of individual contributions that cannot be transferred and merged will be refunded to me.
Therefore, friends who pay social security in many places should stop the loss in time, go for a refund as soon as possible, and get the overpaid social security money back.
3.Death of the insured person.
According to the national policy, whether it is a contributor or a retiree, after the death of their immediate family members can not only receive funeral subsidies and pensions, but also go to the social security bureau to handle refunds, and withdraw the money in the pension and medical personal accounts of the deceased insured persons at one time.
4.Change of nationality of the insured person.
If the insured person has joined the nationality of another country, it will be regarded as giving up the nationality of the People's Republic of China, in this case, you can go to the social security department to apply for surrender, and the money in the personal account of pension insurance and medical insurance will be returned to you in a lump sum.
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If you have social security, you can't get it back after resigning, you can apply for the phantom family is a new unit, and you can continue to pay this social security, or you can pay social security separately, and you can pay social security until the social security is full.
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If you are close to retirement age, it is recommended that you do not refund, and you can renew the fee at the Social Security Bureau.
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After resignation, social security can be refunded, but it must wait until after the age of 60, and only the money in the personal account can be refunded, and the money in the overall account cannot be refunded.
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Can social security be refunded after resignation? Social security can also be refunded after resignation. The state has this provision. You can get your social security money back.
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You can refund, but you can only return the part of the personal account in the pension account, in order to support your old age, I suggest that you don't return, and continue to pay when you have the conditions.
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Social security is generally non-refundable. However, there are exceptions, and the social security premium can be refunded in the following cases:
1) Non-local: You can apply for a refund of the part of the individual payment after leaving the job, but the part paid by the unit cannot be refunded.
2) The insurance cannot be surrendered halfway, and can only be refunded if it is not enough to die, settle abroad, or pay the fee less than 15 years; However, it can only be refunded to the individual, and the part paid by the unit cannot be refunded.
3) If the individual bears the social security expenses in full, only one-third can be refunded, and the remaining two-thirds are regarded as the unit payment cavity and cannot be refunded.
[Legal basis].Decision on the Establishment of a Basic Medical Insurance System for Urban Workers
Three lead plums, the establishment of basic medical insurance co-ordination ** and personal accounts.
It is necessary to establish a basic medical insurance pool** and individual accounts. Basic medical insurance** consists of pooling** and individual accounts. The basic medical insurance premiums paid by individual employees shall be credited to their personal accounts.
The basic medical insurance premium paid by the employer is divided into two parts, one part is used to establish the overall plan, and the other part is transferred to the personal account. The proportion of the personal account is generally about 30 of the employer's contributions, and the specific proportion is determined by the overall planning area according to the scope of payment of the personal account and the age of the employee.
Co-ordination ** and individual accounts should delineate their respective payment scopes, calculate separately, and not crowd each other.
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Legal analysis: According to the regulations, the unit must go through the procedures for transferring out social security within 15 days after resignation.
Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China Article 50 The employer shall issue a certificate of dissolution or termination of the labor contract at the same time as the file is searched, dissolved, or terminated, and the employee shall go through the formalities for the transfer of files and social insurance relations for the employee within 15 days.
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Legal analysis: It is best not to exceed the chain car for three months after resigning from the resignation of social security payment. If the user has stopped paying for no more than three months, he or she can continue to regret the cumulative payment time after renewal, and if the user has stopped paying for more than three months, the payment time of the medical insurance part will be recalculated.
Legal basis: Social Insurance Law of the People's Republic of China Article 2 The State shall establish social insurance systems such as basic endowment insurance, basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance, to protect citizens' right to receive material assistance from the State and society in accordance with the law in the event of old age, illness, work-related injury, unemployment, childbirth, etc.
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Legal analysis: It is best not to stop paying social security for more than three months. If the user has stopped paying for no more than three months, the payment time can continue to be calculated after renewal, and if the user has stopped paying for more than three months, the payment time of the medical insurance part will be recalculated.
Legal basis: Social Insurance Law of the People's Republic of China Article 2 The State shall establish social insurance systems such as basic filial piety endowment insurance, basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance, to protect citizens' right to receive material assistance from the State and society in accordance with the law in the event of old age, illness, work-related injury, unemployment, childbirth, etc.
If the employer fails to pay social security for the employee in accordance with the law, the employee may claim compensation when he or she resigns.
If you file for labor arbitration, it is not a matter of the application period, but a matter of timeliness. If you have negotiated with the company before resigning, but have failed to apply for labor arbitration and the company does not make up the payment, then you can continue to make a complaint, but the problem is that your friend already knew that his rights and interests had been harmed when he resigned, and he had not yet claimed arbitration, and now 2 years have passed, and there is no statute of limitations. >>>More
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At present, we are mainly exposed to two kinds of social security: employee social security and resident social security. Employee social security is mainly for employees who go to work, and the company bears about 70 social security costs. Residents' social security is mainly aimed at farmers and low-income people, and it is low and all borne by themselves.
Legal analysis: The employer cannot afford to pay social insurance, as long as the labor relationship is established, the employer needs to pay social security to the employee. If the employer fails to pay social insurance premiums for the employee in accordance with the law, the employee may terminate the labor contract and request the employer to pay the economic compensation. >>>More