With the active job market, employee turnover has become a common phenomenon. However, many employees are confused about how to properly terminate their social security relationship after leaving the company. This article will illustrate how to terminate social security after employees leave the company through practical cases, and note the relevant legal provisions to help you better understand and deal with this problem.
1. Background of the case.
Xiao Wang has worked for a company for three years, and recently he decided to quit his job and start a business. When going through the resignation procedures, Xiao Wang asked HR about the termination of the social security relationship. HR told him that the company would handle the transfer of social security relationship for him within 15 days after leaving the company, and the social security relationship between the two parties would be automatically terminated. However, Xiao Wang was still a little uneasy about this process, so he decided to learn about the relevant laws and regulations.
2. The correct steps for the termination of the social security relationship.
After the employee leaves the company, the original company will stop paying social insurance. According to the Social Insurance Law of the People's Republic of China, 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. This means that once an employee leaves the company, the original company will stop paying social security contributions for them.
The social security relationship is automatically terminated. Within 15 days of the employee's resignation, the original company needs to go through the procedures for the transfer of social security relations. Once this process is complete, the social security relationship between the two parties will be automatically terminated. If the employee finds a new employer, they can transfer their social security relationship to the new employerIf you choose flexible employment, you can transfer your social security relationship to the human resources and social security bureau where your household registration is located.
Employees need to handle the handover of work. In the process of resignation, the employee shall go through the work handover procedures in accordance with the agreement between the two parties. This includes the return of company property, handover of work materials, etc. Once this process is complete, the employee can officially leave the company.
3. Relevant Laws.
Article 50 of the Social Insurance Law of the People's Republic of China stipulates that an employer shall register its employees for social insurance in a timely manner and pay social insurance premiums in accordance with national regulations. When the employee leaves the employer, the employer shall go through the formalities for the transfer of the social insurance relationship for the employee.
At the same time, Article 50 of the Labor Contract Law also 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 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. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
IV. Conclusions. Through the above cases and the explanation of practical steps, we can understand how to correctly terminate the social security relationship after the employee leaves the company. During the resignation process, both the employee and the employer need to comply with relevant laws and regulations to ensure that the rights and interests of both parties are protected.