Is it legal for individual industrial and commercial households not to buy social security for employees?

It is illegal for individual industrial and commercial households not to buy social security for their employees. Illegal acts can be punished by the social security administrative department, and workers can terminate the contract and demand economic compensation. Social security payment can be inquired through outlets, official website, APP or telephone. Unpaid social security can be settled through labor arbitration, and workers can claim compensation for losses or pay related expenses. You can report to the labor administrative department and ask for administrative punishment.

1. Is it illegal for individual industrial and commercial households not to pay social security for employees?

It is illegal for individual industrial and commercial households not to pay social security for employees, as follows:

1. The social insurance administrative department may order it to make corrections within a time limit; If no correction is made within the time limit, a fine shall be imposed. Workers can also unilaterally terminate the labor contract and demand economic compensation on this ground. The economic compensation shall be paid to the laborer according to the standard of paying one month's salary for each full year of working in this unit;

According to the law, as long as labor relations exist, enterprises should fulfill all the obligations stipulated in the labor law. If employees do not actively perform, employees can complain to the labor inspection department. Therefore, the employer should bear the responsibility of paying social security.

2. Where can I check the social security payment records?

1. Online inquiry: Insured persons only need to bring their valid identity documents and social security cards to the local social security business outlets to queue up for social security payment. In addition, social security outlets in many areas now have social security self-service inquiry machines. Insured personnel only need to insert the social security card and follow the tips of the self-service inquiry machine to inquire about individual payment.

2. official website Inquiry: Social security departments all over the country have their own official website. We can log in to official website, the insured place, and then inquire about the individual payment details. It is worth noting that if you want to query the details of personal social security through official website, you need to activate the query password first, enter the initial password and then set a new query password.

3.APP query: Most social security bureaus have their own apps. Insured people only need to download and install the official app of the local social security department on their mobile phones, and then register and log in to their personal social security account to check their social security contributions.

4. Telephone inquiry: Call the social security customer service hotline to explain the need to inquire about the details of personal account payment, and then verify the identity according to the customer service prompts. After completing the certification, you can query the details of social security payment.

3. Can the unit arbitrate without paying social security?

The unit can conduct labor arbitration without paying social security, and the company can solve the labor arbitration procedure without paying social security. The employer's failure to pay social insurance according to regulations is a labor dispute, which can be solved, because labor relations disputes are governed by relevant laws on labor dispute arbitration.

If the employer fails to pay social insurance premiums for the workers as required, resulting in the workers being unable to enjoy the benefits of work-related injury, unemployment, maternity and medical insurance, and the workers demand the employer to compensate for the losses or pay related expenses as required, it shall be accepted.

If the unit fails to pay social insurance to the employee, and the employee cannot enjoy various social insurances because the unit fails to pay, the losses caused may be claimed from the unit, and the labor dispute arbitration committee shall accept such disputes. You can report to the local labor administrative department, which will impose administrative penalties on the unit and supervise it to handle social insurance for workers.

Legal basis:

People's Republic of China (PRC) Social Insurance Law;

Chapter VII Collection and Payment of Social Insurance Fees

Sixty-first social insurance fee collection agencies shall collect social insurance premiums in full and on time according to law, and regularly inform employers and individuals of the payment situation.