Do I need to go to the Social Security Bureau to terminate the labor contract?

If the employee terminates the labor contract with the employer, he may not go to the social security bureau. Employees can apply to the employer for resignation one month in advance. So, next, I'll tell you about whether it is necessary to go to the Social Security Bureau to terminate the labor contract and related knowledge, hoping to help you solve the corresponding problems.

1. Do I need to go to the Social Security Bureau to terminate the labor contract?

If the company unilaterally terminates the labor contract, then the workers should pay attention to the need to obtain economic compensation and unemployment benefits subsidies.

After going through the formalities, you should get the resignation certificate, social security manual and medical insurance payment form, and then go to the labor bureau to apply for unemployment certificate and register for unemployment; In order to go to the social security bureau for social security transfer, you can pay the social security fee yourself.

After the termination of the labor contract, the employer may be required to cooperate with the transfer procedures such as file social security. If there is a new work unit, the file social security can be transferred to the new unit. If there is no new unit, the local talent market will generally provide temporary acceptance procedures, and you can consult. Generally, a new company will ask for a certificate of separation. Upon resignation, the employer may be required to issue a resignation certificate.

Second, what if there is no proof of termination of labor relations?

If the new company decides to hire you without the certificate of termination of labor relations, you can rest assured, because the certificate of termination of labor relations with the original employer only proves that you no longer have labor relations with the original employer, and has no other function, that's all.

However, if a new employer signs a labor contract without dissolving the labor relationship with the original employer, China's "Measures for Compensation for Violation of Labor Contract Provisions in the Labor Law" clearly stipulates that if an employer recruits a worker who has not dissolved the labor contract and causes economic losses to the original employer, in addition to the direct compensation responsibility of the worker, the employer shall bear joint and several liability, and the share of joint and several compensation shall not be less than 70% of the total economic losses caused to the original employer.

Three. Where should I complain about labor contract disputes?

Disputes arising from labor contracts can be complained to the labor inspection department first, or directly applied to the local labor dispute arbitration committee for arbitration.

Evidence of labor contract disputes

1, evidence to prove the subject qualification of the parties.

(1) If the party is a natural person, submit identification materials such as ID card or household registration book.

(2) If the party is a legal person or other organization, it shall submit a copy of the industrial and commercial business license issued by the industrial and commercial registration authority, or a list of industrial and commercial registrations, a certificate of registration of corporate associations and other subject registration materials.

(3) After the dispute, if the legal facts of the dispute change, the parties shall submit the registration materials for the change.

2. Evidence to prove the establishment of civil legal relationship between the two parties, such as labor contract and payroll.

3. In labor dispute cases, if a labor dispute occurs due to the decision of the employer to dismiss, remove, expel, terminate the labor contract, reduce labor remuneration, and calculate the working years of the workers, the employer shall bear the burden of proof.

4. If there is a specific claim, a calculation list of the claim amount shall be submitted.

According to the law, we can know that it is not necessary to go to the social security bureau to terminate the labor contract, and the company unilaterally terminates the labor contract, so workers should pay attention to the need to obtain economic compensation and unemployment benefits subsidies.