Is it illegal for the company not to pay social security on time?

Legal analysis: It is illegal for a company not to pay social insurance for employees on time, and the company should pay social insurance fees for employees on time according to law.

The Labor Law stipulates that "employers and workers must participate in social insurance and pay social insurance premiums according to law." Participating in social insurance and paying social insurance are the obligations of employers and the rights and obligations of workers. According to the relevant laws and regulations of social insurance, part of the social insurance premiums paid by employers and workers should be deposited as social pooling funds. So it is safe to say that not paying social insurance will harm the public interest.

Legal basis: Article 16 of the Administrative Provisions on the Declaration and Payment of Social Insurance Fees, if an employer is under any of the following circumstances, the social insurance agency shall issue a Notice of Default of Social Insurance Fees within five working days from the date of finding out the fact of default, order the employer to pay back the social insurance fees within five working days after receiving the notice, and inform it that if it fails to pay the social insurance fees within the time limit, it will be handled in accordance with the provisions of Articles 63 and 86 of the Social Insurance Law:

(a) failing to declare and pay social insurance premiums in accordance with the provisions;

(2) Failing to pay social insurance premiums in full and on time after reporting;

(three) due to concealment, omission of the number of employees, payment base and other matters and pay less social insurance premiums.

People's Republic of China (PRC) 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.