Is it illegal for a company to declare social security without paying?

Legal analysis: if an individual, unit or individual thinks that the behavior of the social insurance fee collection agency infringes on his legitimate rights and interests, he may apply for administrative reconsideration or bring an administrative lawsuit according to law. In fact, social security can be suspended for a period of time, because the years of pension and medical insurance can be accumulated, so there is no need to pay continuously. If it is interrupted, just hand it in after enough years. However, if the company works normally, it can't stop paying social security, otherwise, once an employee has an industrial accident, it may affect the enjoyment of industrial injury insurance benefits. Therefore, if the company is found to have stopped paying social insurance for no reason, it can be handled in the following ways: negotiate with the company. If you are not sure why the company stops paying social security, you can negotiate with the other party to determine the specific situation first, saving time and effort. Complain to the labor department. It is illegal for the company to stop paying social security without justifiable reasons, which harms the interests of employees and can go to the labor department to complain and report. Seek arbitration from the Labor Arbitration Commission. Any dispute between the company and employees due to the suspension of social security is a labor dispute. If the above measures cannot be solved, it may be submitted to the Labor Arbitration Commission for arbitration. Go to court to sue. If the company stops paying social security for no reason, resulting in work-related accidents for employees and unable to obtain work-related injury insurance benefits, the company will pay corresponding compensation. If the other party refuses to accept it, they can go directly to court for prosecution.

Legal basis: Article 86 of the Social Insurance Law of People's Republic of China (PRC), 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.