As long as the employer opens the surrender policy, can t it renew the job?

Hello, as long as the employer opens the surrender policy, you don't need to renew the job, under normal circumstances, it has nothing to do with the unit, thank you.

If the employee terminates the employment relationship with the original employer within the overall planning area, the original employer shall complete the social security suspension for the employee within 15 days. Employees can pay social security in the new employer if the insurance is suspended in the original unit. If the original unit does not handle the suspension of insurance, it will not be able to pay social security fees.

It is not directly related to whether the employer issues a return order to the employee.

In the same co-ordination area, employees can only pay social security in one unit, so if the original unit does not handle the surrender, the new unit cannot pay. If this situation occurs, the employee should go to the original unit to handle it in time.

Labor Contract Law

Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete 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.

In some cases, since the employer has opened the case of resignation and surrender, of course, it is not necessarily that the bonus cannot be renewed, he just said that this time is over, and he can slowly continue to sign the illness and the next employment.

As long as the employer has opened the retirement policy, it can no longer continue to work. Because it means you're no longer an employee here. Of course, you also have to sign off.

The employer has opened a retirement and surrender insurance, of course, it cannot be XCMG, and if XCMG is counted, it will be counted as a re-entry.

According to the process, if you still want to work in this company, you can only sign a new labor contract.

Yes, after the social security is withdrawn, it has become invalid in terms of employment contract.

Hello! As long as the employer opens the retirement insurance, it means that the company has already left the company, and you can find a new job and re-enter the company.

No, the company can re-follow the employee's onboarding process, and re-onboarding is sufficient.

If the employer has issued a surrender policy, it is not that it cannot be renewed, but as long as the employer agrees, it can of course renew the work.

As long as the employer has issued a retirement policy, you cannot renew your employment because you have been dismissed, so it is not within the scope of work.

The employer has opened a retirement policy and renewed the insurance, and then the employer can apply again.

As long as our unit is dismissed and surrendered, can't it be renewed? It should be.

Legal Analysis: No. Once the insurance is suspended, the company will not be able to pay social insurance for the employee, and if you still need to pay social insurance for this employee, you need to re-apply for social insurance.

The concept of social security transfer out is different from that of social security suspension, and social security transfer out refers to the transfer of social security in other places when the social security is sealed and leaves the social security place; Social security suspension means that after resignation, the company will no longer pay social security and the employee's social security will be suspended.

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

Article 72: Social insurance agencies are to be established in the coordinating regions. According to the needs of work, social insurance agencies may set up branches and service outlets in their own co-ordination areas with the approval of the local social insurance administrative department and the establishment and management authority of the Dashan institution. The personnel expenses of the social insurance agencies and the basic operating and management expenses incurred in handling social insurance shall be guaranteed by the finance department at the same level in accordance with the provisions of the state.

Article 73: Social insurance agencies shall establish and improve operational, financial, security, and risk management systems. Social insurance agencies shall pay social insurance benefits in full and on time.

Legal Analysis: Yes. During the existence of the labor relationship, if the employer fails to pay social insurance to the employee, it may file a complaint with the social security audit of the area where the employer has opened a social insurance account and handle the supplementary payment. Due to the nature of the account, the supplementary payment of pension insurance is different.

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

Article 51 The employees of an enterprise and the employer may, through consultation on an equal footing, conclude a collective contract on matters such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, etc. The draft of the collective contract shall be submitted to the workers' congress or all employees for discussion and approval. The collective contract shall be concluded between the trade union and the employer on behalf of the employees of the enterprise; For employers that have not yet established a trade union, the higher-level trade union shall guide the representatives nominated by the workers to enter into an agreement with the employer.

Article 52: An enterprise's employees and the employer may conclude special collective contracts such as for labor safety and health, protection of the rights and interests of female employees, and wage adjustment mechanisms.

Article 53 In areas below the county level, the construction, mining, catering services and other industries may be represented by trade unions and enterprises to conclude industry-based collective contracts, or regional collective contracts.

Article 54 After the conclusion of a collective contract, it shall be submitted to the labor administrative department; If the labor administrative department does not raise an objection within 15 days from the date of receipt of the text of the collective contract, the collective contract shall take effect. Collective contracts concluded in accordance with the law are binding on employers and workers. Collective contracts of industry and region are binding on employers and workers in their respective industries and regions.

Article 55 The standards of labor remuneration and working conditions in collective contracts shall not be lower than the minimum standards stipulated by the local people; The standards of labor remuneration and working conditions in the labor contract concluded between the employer and the employee shall not be lower than the standards stipulated in the collective contract.

Legal analysis: Generally, the withdrawal is handled first, and then the social security transfer is handled after the application is successful.

Legal basis: Article 60 of the Social Insurance Law of the People's Republic of China An employer shall declare and pay social insurance premiums in full and on time, and shall not defer or reduce or reduce social insurance premiums unless due to force majeure or other legal 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 have not participated in the social insurance of the employer, and other flexibly employed persons may directly pay social insurance premiums to the social insurance premium collection agency.

Legal analysis: Yes, the company will take the initiative to stop your social security, because if you don't stop, the company must help you pay social security, and the company will become an undue expense.

Legal basis: Article 10 of the Social Insurance Law of the People's Republic of China Employees shall participate in the basic endowment insurance, and the employer and the employee shall jointly pay the basic endowment insurance premiums.

Individually-owned businesses without employees, part-time employees who have not participated in the basic endowment insurance at the employer, and other flexibly employed persons may participate in the basic endowment insurance, and the basic endowment insurance premiums shall be paid by the individual.

The pension insurance for civil servants and staff members managed with reference to the Civil Servants Law shall be prescribed by Feng Tang***.

Legal Analysis: There are strict conditions for surrender, and the policy can only be surrendered in the following circumstances:

1) The insured person has reached the retirement age and has not paid for 15 years, (2) the insurance can be surrendered if the insurance is repeatedly insured and the labor relationship is terminated, (3) the insured person goes abroad to settle down, and (4) the insured person dies.

Enterprises generally retire first and then surrender the insurance.

Legal basis: Labor Contract Law of the People's Republic of China Article 36 The employer and the employee may terminate the labor contract if they reach a consensus through consultation.

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 law in the event of old age, illness, work-related injury, unemployment, childbirth, etc.

Legal analysis: Generally, it is to handle the retirement first, and then handle the social security transfer after the scumbag is handled.

Legal basis: Social Insurance Law of the People's Republic of China Article 60 An employer shall declare and pay social insurance premiums in full and on time, and shall not defer payment or reduce or reduce the amount of dust files 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.