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First of all, the new unit is in the same co-ordination area as the original unit, so it needs to transfer the relationship before it can be renewed, otherwise it can be re-enrolled.
Then you need to apply for downsizing in the original unit, which will be handled by the original unit, and it generally takes about 3 months to receive social security-related materials, and then hand it over to the new unit to transfer the relationship.
For the supplementary payment, the minimum payment period of endowment insurance is 180 months, that is, 15 years, 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).
Therefore, the pension insurance can be supplemented or not, as long as the minimum 15 years are paid.
The medical insurance has a three-month buffer period from the date of cessation, and the relevant benefits of regular payment will not be affected, otherwise it will need to accumulate the payment period again and will not enjoy medical reimbursement.
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Legal analysis: If the unit does not go through the procedures for reducing staff in accordance with the regulations, it must continue to pay social security, otherwise it is in arrears and must be made up, otherwise it will not be able to continue to pay in the future. If it is a violation by the unit, it can be reported to the labor department.
Legal basis: Article 50, Paragraph 1 and Article 89 of the Labor Contract Law of the People's Republic of China and Article 85 of the Social Insurance Law of the People's Republic of China stipulate that the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. If the employer refuses to issue a certificate of termination or dissolution of the labor relationship, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.
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Legal analysis: According to the laws and regulations of our country, if the social insurance of the original unit does not reduce the number of employees, the worker can complain and report to the social insurance administrative department, and the social insurance premium collection agency will order the payment or make up for it within a time limit, and then handle the reduction. Social insurance refers to a social and economic system that provides income or compensation to a population that is incapacitated, temporarily unemployed, or lost due to health reasons.
Legal basis: Social Insurance Law of the People's Republic of China
Article 84 Where an employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a set period of time; If the employer fails to make corrections within the time limit, the employer shall be fined not less than one time but not more than three times the amount of social insurance premiums payable, and the person in charge who is directly responsible and other persons directly responsible shall be fined not less than 500 yuan but not more than 3,000 yuan.
Article 86 Where 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 the amount within a time limit, and shall impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed.
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Find the following information for you. If the social insurance of the original unit does not reduce the number of employees, the worker may file a complaint or report with the social insurance administrative department, and the social insurance premium collection agency shall order the employee to pay or make up the amount within a time limit, and then handle the reduction.
Questions. Under what circumstances the company does not transfer out of social security.
In accordance with Article 50 of the Labor Contract Law, the employer shall issue a certificate of termination or dissolution of the labor contract when terminating or dissolving the labor contract, and complete the procedures for the transfer of the employee's file and social insurance relationship within 15 days.
I didn't find out the reason why the company can't transfer social security, if your company insists on not giving you a contract, it is recommended that you complain.
After all, after quitting your job, you should be able to reduce your social security so that you can move to your new employer.
Questions. It's been almost a year since I left, and the company still hasn't transferred out of social security with me.
Then the company didn't pay social security for you, right?
If you don't pay and don't transfer it out to you, then this is a malicious act and you must complain.
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Legal analysis: The social insurance administrative department may file a complaint and report, and the social insurance premium collection agency shall order it to pay or make up for it within a time limit, and then handle the reduction of staff.
Legal basis: According to the Social Insurance Law of the People's Republic of China, the provisions are as follows: 1. Article 84, if the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If the employer fails to make corrections within the time limit, the employer shall be fined not less than one time but not more than three times the amount of social insurance premiums payable, and the person in charge who is directly responsible and other persons directly responsible shall be fined not less than 500 yuan but not more than 3,000 yuan.
2. Article 86 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 the amount within a time limit, and shall impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed.
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Legal analysis: If the unit does not go through the procedures for reducing staff in accordance with the regulations, it must continue to pay social security, otherwise it is in arrears and must be made up. If it is a violation by the unit, it can be reported to the labor department.
Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the procedures 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.
The original employer may be required to provide a photocopy of the certificate, and the employer shall retain the relevant documents for at least 2 years for future reference. If the original employer refuses to provide such information, it may apply for labor arbitration. >>>More
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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
Go to the Human Resources and Social Security Bureau. The Labour Inspection Brigade reflects your situation. Or apply for labor arbitration, and the labor contract and evidence of uninsured insurance should be prepared. If the employer signs an employment contract and does not take out insurance, it will be fined.
Answer: During the probationary period, the unit and the employee should also pay five insurances and one housing fund in accordance with the relevant regulations, because the probation period is an integral part of the contract period, and it is not isolated outside the contract period. In addition, it is a legal obligation for an enterprise to provide insurance to its employees, which does not depend on the will or willingness of the parties, even if the employees indicate that they do not need to pay insurance. >>>More