1. Do you need a labor contract for provident fund loans?
Handling provident fund loans requires a labor contract, and using housing provident fund loans requires signing a labor contract with the company, which has no impact on the company. Workers who have paid housing provident fund can apply for housing provident fund loans to the housing provident fund management center when purchasing, building, renovating or overhauling their own houses. The housing provident fund management center shall make a decision on whether to grant loans within 15 days from the date of accepting the application, and notify the applicant; Where a loan is granted, the entrusted bank shall go through the loan formalities. The risk of housing provident fund loans shall be borne by the housing provident fund management center.
Second, the legal basis
Regulations on the administration of housing provident fund
Article 26
Workers who have paid housing provident fund can apply for housing provident fund loans to the housing provident fund management center when purchasing, building, renovating or overhauling their own houses.
The housing provident fund management center shall make a decision on whether to grant loans within 15 days from the date of accepting the application, and notify the applicant; Where a loan is granted, the entrusted bank shall go through the loan formalities.
The risk of housing provident fund loans shall be borne by the housing provident fund management center.
Article 27
Applicants who apply for housing provident fund loans shall provide guarantees.
Article 28
The housing provident fund management center can use the housing provident fund for the purchase of government bonds with the approval of the housing provident fund management Committee on the premise of ensuring the withdrawal and loan of the housing provident fund.
The housing provident fund management center shall not provide guarantees to others.
Article 29
The value-added income of housing provident fund shall be deposited in the special account for value-added income of housing provident fund opened by the housing provident fund management center in the entrusted bank, which shall be used to establish the risk reserve for housing provident fund loans, the management expenses of the housing provident fund management center and the supplementary funds for urban low-rent housing construction.
Article 30
The management fees of the housing provident fund management center shall be compiled by the housing provident fund management center in accordance with the prescribed standards and submitted to the financial department of the people's government at the corresponding level for approval, and shall be turned over to the finance at the corresponding level from the value-added income of the housing provident fund and allocated by the finance at the corresponding level.
The management fee standard of the housing provident fund management center shall be formulated by the construction administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the financial departments at the same level in accordance with the charging standards of institutions slightly higher than those stipulated by the state.
According to the relevant provisions of provident fund loans, when handling provident fund loans, it is necessary to provide relevant materials and supporting documents of the lender. The labor contract is used as evidence to prove the existence of workers' contribution to the provident fund. After examination and inspection, the provident fund loan agency shall make a decision on whether to approve the provident fund loan. In line with the relevant provisions, the provident fund management institution will inform the lender that the loan can be made.