Is it illegal for private enterprises not to buy five insurances and one gold for employees?

It is illegal for private enterprises not to buy five insurances and one gold for employees, and it is also illegal for employers not to pay five insurances and one gold for employees. All employers are obliged to pay five insurances and one gold for their employees. If the company fails to pay five insurances and one gold for employees within one month from the date of employment, employees can complain to the local labor inspection brigade. If the employee cannot enjoy social insurance benefits because the unit fails to pay social insurance, the employee may ask the unit to compensate for his own losses.

Legal analysis

After signing a labor contract with the unit, the unit must pay social security according to the regulations. If the company fails to pay social security for its employees, it can first negotiate with the unit leaders and ask for social security. If negotiation fails and there is no evidence of actual labor relations, apply to the district-level labor arbitration committee where the unit is located for arbitration, and put forward personal demands for the unit to pay back and pay social security. According to the relevant laws and regulations, no matter whether the employer and the employee sign a written labor contract, as long as there is a labor relationship between them, they must pay social security according to the regulations. Labor relations and the payment of social insurance are closely linked. Some companies negotiate with employees not to pay social insurance, but indirectly add this part of the cost to employees' personal wages. Such an operation is actually illegal. If the employee agrees, it is actually very ignorant. Social insurance plays a very important role in all aspects of our personal life and must be paid by the company according to law. It is illegal for a company not to pay social security. If the company fails to pay social security, workers can claim compensation according to law. The company will face the following consequences: if the employee terminates the labor contract because the company fails to pay social security, he can ask the company to pay economic compensation. The general economic compensation is calculated according to the actual working years of the laborer in the unit, and one month's compensation is paid after one year. If the unit fails to pay social security, resulting in the employee being unable to enjoy social insurance benefits and suffering losses, the employee may request the unit to compensate for his own losses.

legal ground

Labor law of the people's Republic of China

Article 70 The state develops social insurance undertakings and establishes social insurance systems and social insurance funds, so that workers can get help and compensation in old age, illness, work injury, unemployment and childbirth.

Article 72 The sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

Article 73 Laborers shall enjoy social insurance benefits according to law under the following circumstances: (1) Retirement; (2) Being sick or injured; (3) Being disabled at work or suffering from occupational diseases; (4) unemployment; (5) bearing. After the death of an employee, his survivors shall enjoy the survivors' allowance according to law. The conditions and standards for workers to enjoy social insurance benefits shall be stipulated by laws and regulations. Social insurance premiums enjoyed by workers must be paid in full and on time.