What if a small factory doesn't sign a labor contract or buy social security?

Legal analysis: If the factory does not sign a labor contract or buy social security, employees can negotiate with the factory first, because it is definitely illegal for their factory to do so. The state requires that a written contract must be signed within one month, otherwise they will have to pay double wages from the second month, and social security will be handled normally for employees. If communication fails, it is suggested that they can apply for labor arbitration.

The employer fails to go through the social insurance formalities for the employee, the employee requests the employer to go through the social insurance formalities, or the employer has gone through the social insurance formalities for the employee. However, disputes arising from employers' non-payment or refusal to pay social insurance premiums are not labor disputes, and workers can apply to the labor administrative department for settlement.

Here's another situation. If the employer fails to go through the social insurance formalities for the employee, and the social insurance agency fails to complete the formalities, and the employee cannot enjoy the social insurance benefits, and the employer is required to compensate for the losses, the employee may bring a lawsuit to the people's court.

Legal basis: Article 10 of the Labor Contract Law of People's Republic of China (PRC) establishes labor relations, and a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 6 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, if an employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with the provisions of Article 82 of the Labor Contract Law and conclude a written labor contract with the employee.

Article 7 Where an employing unit fails to conclude a written labor contract with the employee within one year from the date of employment, it shall pay the employee twice the monthly salary according to the provisions of Article 82 of the Labor Contract Law from the day after the expiration of one month to the day before the expiration of one year from the date of employment, and the day after the expiration of one year from the date of employment shall be deemed to have concluded an open-ended labor contract with the employee, and it shall immediately conclude a written labor contract with the employee.