Will I receive my social insurance book back if I unilaterally terminate my employment contract?
According to the law, employers are responsible for preparing the application for closing the social insurance account and submitting it to the social insurance agency for closing and returning the social insurance book to the employee.
Clause 2, Article 18 of the Social Insurance Law stipulates the rights of employees, "to be issued and manage a social insurance book". Clause 3, Article 19 stipulates the responsibility of employees to "safeguard the social insurance book".
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Clause 5, Article 21 stipulates the responsibilities of the employer: "To cooperate with the Social Insurance Agency in returning the social insurance book to the employee and confirming the period of social insurance contributions when the employee terminates the labor contract, employment contract, or resigns in accordance with the law."
Therefore, when an employee terminates their contract or resigns in accordance with the law, the employer is responsible for preparing the application for closing the social insurance book and submitting it to the social insurance agency for closing and returning the book to the employee.
In cases where a company fails to finalize the social insurance record for an employee upon termination, the employee can submit a request to the company's management for resolution, or send a petition to the Department of Labor, War Invalids and Social Affairs, or the Inspectorate of the Department of Labor, War Invalids and Social Affairs in the locality where the company is headquartered, requesting assistance, or sue the company in court to retrieve their social insurance book.