If the company forgets to terminate the insurance after resignation, who will bear the cost?

If the company forgets to terminate the insurance after resignation, the cost can be settled by the employee and the employer through negotiation, as follows:

In practice, after the termination of the employment relationship between the employee and the employer, the employer shall complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

If the employer fails to suspend the social insurance for the employee within the statutory period, the employer shall bear the losses caused, and the employer may impose penalties on the person responsible for internal negligence.

Article 50 of the Labor Contract Law:

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.

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.

Article 77 of the Labor Contract Law:

If the lawful rights and interests of a worker are infringed, he or she has the right to request the relevant department to handle it in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law.

Article 78 of the Labor Contract Law:

Trade unions safeguard the legitimate rights and interests of workers in accordance with the law, and supervise the performance of labor contracts and collective contracts by employers. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.

If the company forgets to suspend the insurance after resignation, the cost shall be borne by the unit, and the employer can apply to the social security center for a refund.

If the company does not ask you to make up social security.

If you want to pay for social security, you can decide according to your current plan in the city.

In some cities, some residential or house purchase requirements are required to be continuously social security, and the insurance cannot be broken, in this case, it is recommended to ensure the continuity of social security, negotiate with the company, and make up for the part of social security that individuals should pay, or others.

If there is no need in this regard, it can be justified that you have left the company, and the company forgot to stop the insurance for reasons, and you do not bear any responsibility, and the company can go to the refund.

or handover or other or dialogue with personnel can prove that you have something to do with your resignation) due to the operation error of the insured unit (individual), the calculation error of the social security department, the error of the local taxation system and policy reasons caused by the refund of the overpaid social security premium, you can apply for a refund.

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: Under normal circumstances, if an employee resigns, the employee can choose according to the actual situation: "terminate the labor contract due to the employer", "terminate the labor contract due to personal reasons", or "the employee violates relevant laws and regulations".

etc., the employer terminates the labor contract", "the contract expires", "the same level is transferred", "the city is transferred", "the dismissal", etc. After leaving the company, the original employer will reduce the number of employees from its company account, and then the employee can work as a freelancer.

You can also transfer it to the new company's account and let the new company continue to pay social insurance. CPF is similar to Social Security. If the new company is in a foreign country, it is also necessary to go through the procedures for the transfer of social insurance relations first.

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

Article 70 The State shall develop social insurance, establish a social insurance system, and establish social insurance**.

Workers can receive help and compensation in the event of old age, illness, work-related injury, unemployment, childbirth, etc.

The administrative staff of the original unit will help you deal with it.

The new unit will help you add a new one and pay four insurances and one housing fund.

Hello, after your personal resignation, the employer will suspend the insurance on the official ** of the Social Security Bureau.

In other words, the suspension of insurance can only be operated by the employer, and cannot be operated by the individual

If you are in a new employer and need to pay social insurance, and the previous employer did not give you the insurance, then you will not be able to pay, so you need to urge the previous employer to give you the insurance.

After resignation, as long as the employer does not pay social security to you, it will automatically stop the insurance, and you do not need to go through the insurance suspension.

When you leave your job, the company will naturally stop.

Legal analysis: The original unit is responsible. It is normal for the original unit not to refund the social security, and the new unit to not buy it, but it has no impact on the new single bureau stuffiness.

Because it has always been the lead wheel that bought the five insurances, there is no need to worry, because, if there is a problem during the work of the new unit, the Social Security Bureau will also be responsible.

Legal basis: Article 56 of the Civil Code of the People's Republic of China Article 56 The debts of individual industrial and commercial households, which are operated by individuals, shall be borne by personal property; if it is run by a family, it shall be borne by the family property; where it is impossible to distinguish between them, they shall bear it as family property. The debts of rural contracted business households shall be borne by the property of rural households engaged in rural land contract management; In fact, if it is operated by some members of the farmer's household, it shall be borne by the property of that part of the member.