Units Do Not Pay Provident Fund Workers To Resign Whether They Can Enjoy Unemployment Benefits?

In July 2009, Ms Xu worked in a private enterprise after graduating from university.

In December 2014, Ms. Xu submitted a letter of resignation to the company and explained that he was forced to resign because of the company's failure to pay the housing provident fund. At the same time, he asked the company to issue a certificate of resignation and handle the declaration procedure of unemployment insurance.

The company commended that the woman resigned voluntarily and could not receive unemployment insurance payment.

Then, employees can resign because they fail to pay the provident fund.

What about it?

The forty-fifth provision of the social insurance law stipulates: "the unemployed persons receive the unemployment insurance premium from the unemployment insurance fund in accordance with the following conditions: (1) the employer and the employee have paid the unemployment insurance premium for 1 years before unemployment; (two) they do not break their employment due to their wishes; (three) they have already undertaken the unemployment insurance fund.

And there are job requirements. "

The thirteenth provision of the implementation of the "social insurance law of the People's Republic of China" stipulates: "no interruption of employment is due to my own wishes, including the following situations: (1) termination of the labor contract in accordance with forty-fourth items, first items, fourth items and fifth stipulations of the labor contract law; (two) the termination of the labor contract by the employer in accordance with the provisions of the labor contract law thirty-ninth, fortieth and forty-first; and (three) the employer shall release the worker to the laborer according to the provisions of the employment contract law.

And to terminate the labor contract with the laborers through consultation; (four) the employer shall rescind the employment contract or dispose of the employer, remove the name and expel it; (five) the worker himself shall terminate the labor contract in accordance with the thirty-eighth provision of the labor contract law; (six) other circumstances stipulated by the laws, regulations and rules.

The unit does not pay provident fund, whether the worker can resign accordingly, the stipulation is not clear.

However, in the eighteenth tenth provisions of the regulations on the implementation of the labor contract law, if the employing unit violates the mandatory provisions of the laws and administrative regulations, the laborer may terminate the labor contract.

If the employer fails to pay the provident fund, is it a violation of the mandatory provisions of the laws and administrative regulations? The twentieth provision of the regulations on housing provident fund management stipulates: "the unit shall pay the housing accumulation fund on time and in full, and shall not overdue payment or Shao Jiao."

The thirty-eighth provision: "in violation of the provisions of this Ordinance, the unit fails to pay or pay less housing provident fund within the time limit, shall be ordered by the housing provident fund management center to pay the deposit within a prescribed time limit: the people's court shall apply for compulsory execution if it fails to pay the deposit within the time limit."

Accordingly, paying the provident fund for employees is the legal obligation of the employer. The employer fails to pay the deposit, which is a violation of the mandatory provisions of laws and administrative regulations.

In this case, the company did not pay the provident fund in accordance with the law. Ms. Xu resigned accordingly. It was "not interrupted because of my intention to work" and could enjoy unemployment insurance.