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Whether there is a work order for resignation without paying social security

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Whether there is a work order for resignation without paying social security


        

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  • 2024-06-14 15:00:57

    Resignations that have not paid social security have a work order. Article 50 of the Labor Contract Law of the People's Republic of China shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination of the labor contract, and handle the transfer procedures for the employee's files and social insurance relations within 15 days. The laborer shall handle the handover of work as agreed by both parties. If the employer should pay economic compensation to the worker in accordance with the relevant provisions of this Law, it shall pay it when the handover of work is completed. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference. Under what circumstances can a worker dissolve a labor contract? Article 38 of the Labor Contract Law of the People's Republic of China, if an employer has one of the following circumstances, the worker may terminate the labor contract: (1) failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for workers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the labor contract may be terminated as stipulated by laws and administrative regulations. If the employing unit forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employing unit commands or forces the laborer to work at risk in violation of regulations, which endangers the personal safety of the laborer, the laborer may immediately terminate the labor contract without informing the employing unit in advance. Article 62 of the Social Insurance Law of the People's Republic of China, if an employer fails to declare the amount of social insurance premiums that should be paid as required, the amount that should be paid shall be determined according to 110% of the amount paid by the employer last month; After the payer completes the declaration formalities, the social insurance premium collection institution shall settle the accounts according to the regulations. Article 63 of the Social Insurance Law of the People's Republic of China, 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 within a time limit. If the employer fails to pay or make up the social insurance premium within the time limit, the social insurance premium collection institution may inquire its deposit account with banks and other financial institutions; It may also apply to the relevant administrative department at or above the county level for a decision on the allocation of social insurance premiums, and notify its bank of deposit or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premiums that should be paid, the social insurance premium collection institution may require the employer to provide a guarantee and sign an agreement on deferred payment. If an employer fails to pay the social insurance premiums in full and fails to provide guarantee, the social insurance premium collection institution may apply to the people's court to distrain, seal up or auction its property with a value equal to the social insurance premiums that should be paid, and use the auction proceeds to offset the social insurance premiums. The above is about whether the resignations without paying social security have the legal knowledge of the work order. Have you learned it?

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