Is it illegal for a company working in Shanghai not to pay social security?

This is illegal. According to Article 72 of People's Republic of China (PRC) Labor Law, the sources of social insurance funds are determined according to the types of insurance, and social pooling is gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

"Interim Regulations on the Collection and Payment of Social Insurance Fees" Article 7 The payer must register social insurance with the local social insurance agency and participate in social insurance.

The registered items include: name, domicile, business place, type of unit, legal representative or person in charge, account number of the bank where the account is opened, and other matters stipulated by the administrative department of labor and social security of the State Council.

Article 8 When an enterprise is registered, social insurance registration shall be conducted at the same time. Payment units other than those specified in the preceding paragraph shall, within 30 days from the date of establishment, apply to the local social insurance agency for social insurance registration.

Article 23 If the payer fails to register, change or cancel the registration of social insurance in accordance with the provisions, or fails to declare the amount of social insurance premiums payable in accordance with the provisions, the administrative department of labor security shall order it to make corrections within a time limit.

If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel may be fined more than 5000 yuan 1000 yuan; If the circumstances are particularly serious, the directly responsible person in charge and other directly responsible personnel may be fined not less than 5000 yuan but not more than 65438 yuan but not more than 0,000 yuan.

Article 57 of the Social Insurance Law of People's Republic of China (PRC), the employing unit shall, within 30 days from the date of its establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The social insurance agency shall, within fifteen days from the date of receiving the application, examine and issue the social insurance registration certificate.

Article 58 An 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.

Extended data

Units that have not paid social security can complain to the labor department, and the government department will inspect and supervise them and order them to pay back.

Recently, Ms. Wang told the reporter of Xunyang Evening News that she had been working for half a year, but the company did not handle medical insurance and social security for her, and she did not know how to defend her rights. However, due to some concerns, Ms. Wang did not disclose the company name.

The reporter of Xunyang Evening News learned that once it is found that the company has not paid social security for itself, employees should submit it to the company in time. If the company refuses to pay, it can complain to the labor department. In this regard, the staff of the Municipal People's Social Security Bureau said that according to the regulations, the unit should handle social insurance procedures for employees and pay social insurance premiums for employees, and the part borne by individuals will be withheld and remitted by the unit from my salary.

Employees must sign a contract with the unit when they join the company. In the event of a dispute, the contract can be used as a proof of the formation of labor relations between employees and units. According to the Labor Contract Law, Social Insurance Law and other relevant laws, as long as there are labor relations, enterprises should handle social security for employees.

For employees who have not signed a contract, employees can keep all kinds of materials that can prove the existence of labor relations with the unit, such as salary slips, stamp certificates, work clothes, etc. Once the unit fails to apply for social security, it can complain to the local labor department, and the government department will conduct inspection and supervision and order it to pay back the employee social security.

"According to the Labor Contract Law, if a company does not pay social insurance premiums for its employees, it may terminate the labor contract and pay economic compensation." The staff said.