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It is better not to interrupt pension insurance and medical insurance, but of course it is okay if you don't pay it. If the pension insurance is interrupted after resignation, you can go to the social security center to make up for it, or you can wait for the new unit to help deal with it when you find a new job, and you can directly find personnel to deal with it. Maternity insurance, unemployment insurance and provident fund cannot be paid by individuals.
The minimum payment period of endowment insurance is 180 months, that is, 15 years, and you can pay more, and you can receive more at that time. At the same time, the pension insurance can be accumulated to calculate the payment period, that is, intermittent payment is allowed. Medical insurance needs to be paid for at least 25 to 30 years, and when you reach retirement age, you can apply for pension benefits and medical reimbursement (as long as the renewal is usually possible).
The current retirement age is 60 for men and 55 for women. Of course, under special circumstances such as engaging in high-risk jobs and losing the ability to work, you can apply for early retirement and receive pension benefits.
Therefore, the parties can choose to make up or not to make up, as long as they pay a minimum of 15 years.
The payment in the name of an individual needs to apply to the social security bureau where the household registration is located, and the procedures include: my ID card, two recent one-inch ** without a hat, premium, application form, etc. And only two kinds of pension and medical insurance can be handled.
The amount of contribution is calculated based on the local average salary of the previous year, and it is not the same every year.
For example, if the average salary of a community is 20,000 yuan, then the pension insurance payment is 20,000 * 20% = about 4,000 years, and the medical treatment is 20,000 * 10% = about 2,000 years.
If the interruption of payment seriously affects the vital interests of the person who interrupts the payment of contributions, and the person who interrupts the payment of contributions ceases to receive unemployment insurance money, he or she engages in self-employment or other flexible employment, he or she shall go through the procedures for continuing the basic pension insurance as soon as possible.
Impact of pension insurance disruptions:
First, the basic pension has been reduced. Because, every year of payment period, the proportion of basic pension is increased by 100 points, if the payment is interrupted, the payment period stops at the level before the interruption, and the proportion of basic pension can not be increased, affecting retirement benefits.
Second, the average contribution index has been reduced. As a result of the non-payment of contributions during the interruption, the index was zero, which lowered the average level of contributions as a whole and lowered the average contribution index, resulting in a decrease in benefits.
The third is to reduce the pension of personal accounts. If you do not pay, there must be no personal account included, and the personal account pension has not been fully accumulated, and the level of treatment is difficult to improve.
In addition, the minimum and maximum levels are also stipulated, and the payment of the lowest level shall not be less than 60% of the average monthly wage of employees at the social level, and the highest level shall be 300% of the average monthly salary of employees. Generally, the lowest grade is the majority.
If the medical insurance is discontinued and the individual renews the payment in the 4th month, the person concerned must have a 6-month waiting period before he can use it after 6 months. The funds in the card will not be frozen, but they cannot be entered into the overall plan for reimbursement.
The Regulations on the Administration of Housing Provident Fund do not have provisions on individual payment of housing provident fund, and there are naturally no relevant procedures for individual payment of housing provident fund.
Individuals cannot pay maternity insurance and unemployment insurance premiums, and if they want to pay by affiliated units, they must pay five insurances and one housing fund together.
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If the resignation does not go through the resignation procedures, it will affect the next employment. Because there is no access to the employment contract.
You can't legally sign up with the next company. Neither CPF nor Social Security can be paid. For the social security provident fund, only in the original company file to delete their personal information, they can enter the next company to log in their social information, for the issuance of social security, if they did not resign in the previous company, it will be difficult to go through the entry procedures in the next company, and the world will be more troublesome to deal with.
General employees need to submit their resignation one month in advance and keep a certain resignation certificate.
If the company where you leave your job does not handle the resignation procedures, you can apply for labor arbitration.
In order to file a complaint against the company's legal entity, request that the company be able to legally resign, transfer personal information, and procedures. When an employee leaves the company, the company shall not provide the bad information of the former employee, which will cause the disclosure of the employee's personal privacy and information, and the former employee may propose to negotiate. When an employee joins a new company, it will be difficult to enter subsequent social security and other expenses.
If the social security is stopped, an important situation that may lead to it is the pension insurance.
There will be certain losses. The pension insurance stipulates a contribution period of 15 years, and only if it is more than this period will the worker be eligible for a pension.
For pensions, the larger the amount of social security contributions and the longer the employee, the higher the corresponding amount. So social security payments.
It is related to the future pension life, which shows the necessity of handling the resignation procedures. If the employee stops paying the provident fund, if his provident fund is broken, he is only eligible to apply for a housing provident fund loan if he gets a 6-month housing loan provident fund payment certificate at the new unit.
If the employee does not resign, resulting in a disconnection in the payment of the provident fund, it may affect the provident fund receipt of the loan for the purchase of the house.
Provident fund and social security are very important social citizens to destroy the shed account, and they are directly linked to their own resignation procedures, in order to better protect their own social life security, we should protect their own rights, after leaving a company, should go through the resignation procedures in a timely manner.
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After being dismissed by the employer, if you do not go through the procedures for leaving the company, then after you join the new company, the new company may not be able to pay the social security bureau and provident fund normally. Therefore, it is necessary to go through the resignation procedures.
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Of course, this has an impact on the five insurances and one housing fund of Minchang, if you don't handle it here, and you don't pay these things to you, the new unit will not be able to continue to pay, which will affect your interests.
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If the unit does not approve after resignation, it will affect the next job, and it will also have an impact on the payment of five insurances and one housing fund.
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Legal analysis: No, the resignation has not been done, and the new company cannot be re-handed over, because the social security transfer procedures have not been handled. Normally, the personnel department of the unit arranges personnel to go to the unemployment insurance agency to go through the filing procedures for the termination and dissolution of labor relations for the departing employees, and terminate the social insurance relationship of the employees with the filing review opinions, and at the same time seal the provident fund of the departing employees.
If the resigned employee needs to transfer the provident fund, the personnel department will transfer it according to the new one provided, and if the concession needs to be withdrawn, the employee will handle it by himself.
Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China The employer shall issue a certificate of dissolution or termination of the labor contract at the same time as the termination or termination of the labor contract, and complete the procedures for the transfer of the employee's file and the insurance relationship of the company within 15 days. The worker shall handle the work handover 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.
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What should I do if the company does not pay five insurances and one housing fund, now the country's policies are very perfect, and now the company will pay five insurances and one housing fund to its employees, and there are also companies that are unwilling to pay five insurances and one housing fund for their employees in order to save money, so what should I do if the company does not pay five insurances and one housing fund after resignation?
What should I do if the company does not pay five insurances and one housing fund1
If the company fails to pay my five insurances and one housing fund, I can ask the company to compensate according to the number of years of service, that is, pay one month's salary for every full year, and if the company refuses to compensate, I can report it to the labor inspection department.
According to Article 38 of the Labor Contract Law of the People's Republic of China, an employee may terminate a labor contract if the employer falls under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure 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 provided for in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
Article 47 The severance compensation shall be paid to the worker one month's salary for each full year of service in the unit'The standard is paid to the worker. 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.
If the monthly wage of a 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 to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment 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.
Extended Information: Article 9 of the Regulations on the Supervision of Labor and Social Security: Any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security. If a worker believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to lodge a complaint with the labor security administrative department. The administrative department for labor and social security shall keep the informant confidential; Whistleblowers who report truthfully and provide major clues and evidence for the investigation and punishment of major violations of labor security laws, regulations or rules will be rewarded.
Article 10 The administrative departments for labor and social security shall carry out labor security inspections and perform the following duties:
1) Publicize labor security laws, regulations, and rules, and urge employers to implement them;
2) To inspect the employer's compliance with labor security laws, regulations and rules;
3) To accept reports and complaints about violations of labor security laws, regulations or rules;
4) Correct, investigate and deal with violations of labor security laws, regulations or rules in accordance with the law.
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If the employee leaves the job for two years and does not look for a job, the treatment of five insurances and one housing fund is:
1. Endowment insurance has a personal account, the ID number is the account number, and there can be three ways to deal with it after resignation: 1. Stop paying fees, form a payment period interruption, and stop the accumulation of personal accounts, but as long as the time is not long, it will have little impact on the future; 2. Since the individual pays in full, that is, the payment will not be interrupted, and the part paid by the enterprise in the past will be paid by himself, but it is not cost-effective for the individual to bear a heavier burden;
2. 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.
Third, medical insurance, there are also personal accounts, after resignation treatment is basically the same as pension insurance, the money in the personal account can continue to be used locally.
4. 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.
Fifth, the 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 small deposit ownership belongs to the individual, after resignation just stop saving money, but the money in the account is still the laborer's, as long as it meets the provisions of the provident fund withdrawal, 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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Key points for protecting rights for non-payment of social security.
Claimable rights: Retroactive social security contributions.
Rights protection channels: To make up the social security payment, you need to complain to the audit department of the local social security bureau about the supplementary payment.
Misunderstanding 1: The supplementary payment of social security is not under the jurisdiction of the labor arbitration commission or the court, and it is necessary to go to the local social security department to make up the payment.
Myth 2: Because the employer does not pay social insurance, the employee loses the qualification to buy a house or a car, and the employee's claim for compensation cannot be supported by the arbitration commission or the court.
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If you don't pay, you first ask the company to make up for you and if you can't negotiate, you can find the local labor inspection brigade to help you solve it.
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If the personal financial resources are okay, then you can pay social security and medical insurance by yourself, or when looking for a job, give priority to the unit that pays pension insurance and medical insurance.
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Legal analysis: 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.
Legal basis: Article 72 of the Labor Law of the People's Republic of China Social insurance** determines the funds according to the type of insurance**, and gradually implements social pooling. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.
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