Does the company have to pay social security for a long vacation?

Does the employer need to pay social security during the employee's personal leave?

Need. The employer's obligation to buy social insurance for employees is stipulated by the state, which is based on the labor relationship between employees and employers, and has nothing to do with whether employees take vacations.

Paying social insurance premiums is a compulsory obligation of employers. The employee left his job and took a long vacation, and the labor relationship was not terminated. As long as labor relations exist, employers should continue to pay social insurance for workers. When a worker asks for personal leave, the employer may not pay wages, but there is no relevant provision exempting the employer from the legal obligation to pay social insurance premiums. Therefore, during this period, the employer should still pay social insurance premiums.

Second, what is social security?

Social insurance refers to the system that the state establishes a social insurance fund through legislation to give necessary material help to workers who participate in labor relations when they lose their ability to work or are unemployed. Social insurance is not for profit.

Social insurance is mainly through raising social insurance funds, coordinating and adjusting social insurance funds within a certain range, and giving necessary help to workers when they encounter labor risks. Social insurance provides basic living security for workers. Workers can enjoy social insurance benefits as long as they meet the conditions for enjoying social insurance, that is, they have established labor relations with employers or paid various social insurance premiums according to regulations. Social insurance is the core content of social security system.

Social security has the following characteristics:

1. The objective basis of social insurance is the risks existing in the labor field, and the object of insurance is the individual workers;

2. The subject of social insurance is specific. Including workers (including their relatives) and employers;

3. Social insurance is compulsory;

4. The purpose of social insurance is to maintain the reproduction of labor force;

5. The insurance fund comes from the payment and financial support of employers and workers.

Insurance coverage is limited to employees, excluding other social members. The insurance coverage is limited to all kinds of risks in labor risks, excluding other risks such as property and economy.

legal ground

Article 58 of the Social Insurance Law of People's Republic of China (PRC), the employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.