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Is it illegal for security companies not to buy social security?
First, compulsory social security.
Social insurance is a kind of social security system enforced by the state through legislation, which aims to provide material help for workers in old age, illness, work injury, unemployment and childbirth. Employers and workers must participate in social insurance and pay social insurance premiums according to law. This is the legal obligation of the employer and the legal right of the workers.
Second, the responsibility of security companies.
As an employer, security companies should pay social insurance premiums for security guards who have established labor relations with them. This is the legal obligation of the security company and the embodiment of its social responsibility. If the security company fails to pay social insurance premiums for security guards according to law, it will damage the legitimate rights and interests of security guards and also affect social stability and harmony.
Three. Consequences of illegal acts
If the security company fails to pay social insurance premiums for the workers according to law, the workers can complain to the labor inspection department and ask the security company to pay the social insurance premiums and pay the corresponding late fees. At the same time, the labor inspection department can also impose administrative penalties on security companies, such as fines. If the illegal behavior of the security company causes losses to the workers, the workers may also claim compensation from the security company according to law.
Fourth, the way for laborers to safeguard their rights.
If security guards find that security companies have not paid social insurance premiums for them according to law, they can defend their rights through the following channels: first, complain to the labor inspection department; Second, apply to the labor dispute arbitration institution for arbitration; The third is to bring a lawsuit to the people's court. In the process of safeguarding rights, security guards should pay attention to retaining relevant evidence, such as salary slips and labor contracts, to prove the existence of labor relations with security companies and the fact that security companies have not paid social insurance premiums for them according to law.
To sum up:
It is illegal for security companies not to buy social insurance, and they must pay social insurance premiums for workers according to law. If the security company fails to pay social insurance premiums for workers according to law, it will bear corresponding legal responsibilities. Workers can protect their rights by complaining to the labor inspection department, applying for arbitration to the labor dispute arbitration institution or bringing a lawsuit to the people's court. In the process of safeguarding rights, workers should pay attention to retaining relevant evidence to prove the facts they advocate.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 58 provides that:
The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
Article 60 provides that:
The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.
Article 84 provides that:
If the employer fails to apply for social insurance registration, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.
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