Is it illegal to sign a labor contract without paying social security?

It is illegal to sign a labor contract without paying social security.

1. According to the laws of our country, the employer shall register social insurance for employees within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. The employing unit shall declare itself and pay social insurance premiums in full and on time. At the same time, the law also stipulates that one of the necessary clauses when signing a labor contract is social insurance. Therefore, it is the obligation of the employer to pay social security, and it is illegal not to pay social security.

2. After signing a labor contract with the unit, the unit must pay social security according to the regulations. If the company fails to pay social security for its employees, it can first negotiate with the unit leaders and ask for social security. If negotiation fails and there is no evidence of actual labor relations, apply to the district-level labor arbitration committee where the unit is located for arbitration, and put forward personal demands for the unit to pay back and pay social security.

According to the relevant laws and regulations, no matter whether the employer and the employee sign a written labor contract, as long as there is a labor relationship between them, they must pay social security according to the regulations. Labor relations and the payment of social insurance are closely linked. Some companies negotiate with employees not to pay social insurance, but indirectly add this part of the cost to employees' personal wages. Such an operation is actually illegal.

3. If the employee agrees, it is actually very ignorant. Social insurance plays a very important role in all aspects of our personal life and must be paid by the company according to law. It is illegal for a company not to pay social security all the time. If the company fails to pay social security, workers can claim compensation according to law. The company will face the following consequences: if the employee terminates the labor contract because the company fails to pay social security, he can ask the company to pay economic compensation. The general economic compensation is calculated according to the actual working years of the laborer in the unit, and one month's compensation is paid after one year. If the unit fails to pay social security, resulting in the employee being unable to enjoy social insurance benefits and suffering losses, the employee may request the unit to compensate for his own losses.

legal ground

Article 58 of the Social Insurance Law

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 86

If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.