It's not like the company signed a labor contract with me and paid me social security. Is this illegal?

This situation belongs to the employer entrusting another company to pay social security premiums for its employees. This practice is very common in society, but it is actually a violation. Workers need to pay attention to whether social security is paid on time and in accordance with standards. However, there is another possibility that workers belong to labor dispatch workers, and social security is paid by labor dispatch units, and their work units will not pay social security again. If so, it is not illegal.

Legal analysis

According to the law, the employer shall register social insurance for employees within 30 days from the date of employment, and declare and pay social insurance premiums. If the company fails to register for social insurance, the social insurance agency shall verify the social insurance premium it should pay. If the company has not signed a labor contract with the employee or paid social security for the employee, the employee may terminate the contract with the employer at any time, and may ask the employer to pay the employee economic compensation and double salary without signing a labor contract. In addition, through legal procedures, the company can claim to pay social insurance premiums for the duration of labor relations as compensation. It is illegal for a company to entrust other units to pay social security fees for employees. However, if the laborer is a labor dispatch worker and a labor contract is signed with the labor dispatch unit, and the social security is paid by the labor dispatch unit, then the laborer's work unit will not pay the social security again. If so, it is not illegal. But for workers, as long as the unit pays social security fees on time, there will be no problem. You need to log on to the social security website on time every month to check your social security payment. If it is found that the unit has not paid social security fees for itself, it is necessary to ask the unit to solve it in time. In order to prevent the employer from harming its legitimate interests and making itself suffer losses.

legal ground

People's Republic of China (PRC) social insurance law

Eighty-fourth employers do not apply for social insurance registration, the social insurance administrative department shall order them 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.

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.