Is it legal for long-term temporary workers not to pay social security?

It is illegal for long-term temporary workers not to pay social security.

According to Chinese laws, employers should pay social insurance premiums for employees, including long-term temporary workers. Social security is an important system to protect workers' rights and interests, which is of great significance to maintaining social stability and promoting economic development.

First, the importance of social security system

The social insurance system is an important part of China's social security system, which aims to protect citizens' right to get material help from the state and society in case of old age, illness, work injury, unemployment and maternity. By paying social security fees, employees can enjoy corresponding social insurance benefits, such as old-age insurance, medical insurance, unemployment insurance, etc., to ensure that their basic living needs are met.

Second, the protection of the rights and interests of long-term temporary workers

Although long-term temporary workers are different from regular employees in the form of employment, they are also employees of the employer and should enjoy the same rights and interests as regular employees. According to the Labor Law of People's Republic of China (PRC) and the Social Insurance Law of People's Republic of China (PRC), the employer shall pay social insurance premiums for its employees, including long-term temporary workers. Therefore, the employer shall not refuse to pay social security for employees because they are long-term temporary workers.

Third, the employer's legal responsibility.

If the employer fails to pay social insurance premiums for long-term temporary workers as required, it will bear corresponding legal responsibilities. According to the provisions 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 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 0.5% shall be charged on a daily basis; 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.

To sum up:

It is illegal for long-term temporary workers not to pay social security, and employers should pay social insurance premiums for employees, including long-term temporary workers. The implementation of social security system is of great significance for safeguarding workers' rights and interests, maintaining social stability and promoting economic development. If the employer fails to fulfill the obligation to pay social security, it will bear corresponding legal responsibilities.

Legal basis:

Labor law of the people's Republic of China

Article 72 provides that:

The social insurance fund shall determine the source of funds according to the types of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

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

Article 4 provides that:

Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights records, and require social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

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

Article 63 provides that:

If the employer fails to pay social insurance premiums in full and on time, the social insurance 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 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 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 collection agency may apply to the people's court to seal up, detain or auction the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction will be used to offset the social insurance premium.