Is it illegal for factories not to pay social security?

The company violated the relevant provisions of the Social Insurance Law. Social security is stipulated by the state, and companies should insure employees according to law. Article 10 of the Social Insurance Law, employees shall participate in the basic old-age insurance, and the employer and employees shall jointly pay the basic old-age insurance premium. 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. Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay 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.

If the company fails to pay social security, employees can urge it to pay, and the social insurance fee collection agency can order it to pay or make up within a time limit. If it fails to pay or make up within the time limit, the social insurance fee collection agency may apply to the relevant administrative department at or above the county level for a decision on the allocation of social insurance premiums.

How to report the company's failure to pay social security?

According to the law, the employer shall register social insurance for its employees and declare and pay social insurance premiums within 30 days from the date of employment. If the employer fails to pay social insurance for the employee according to the regulations, the employee may complain to the labor inspection department where the enterprise is located, claim his legitimate rights and interests, or complain to the department in charge of social insurance collection and payment of the tax authorities. At the same time, according to Article 38 of the Labor Contract Law, if the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract and ask the employer to pay economic compensation. The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. If the employer fails to pay the social insurance premium for the employee according to law, resulting in the employee being unable to enjoy social insurance benefits and suffering losses, the employee may request the employer to compensate for the losses according to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (III).

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: social insurance law

Article 63 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.

Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay 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.

Paying social security fees is not only the obligation of employers, but also the obligation of workers. Sometimes, in order to avoid the responsibility to employees, units often agree with workers not to buy social security for them, but at the same time, they will compensate workers appropriately. If the unit does not buy social security, it will often punish the unit accordingly. In addition to payment, you can also add a late fee.