What if social security is unpaid?

Legal analysis: it is very common to leave without pay in established state-owned enterprises. In reality, due to personal reasons or other objective circumstances, many workers, after consulting with the employer, demand to maintain the labor relationship between the two sides within a certain period of time, stop paying labor remuneration, quit their jobs, and temporarily stop the management and personal relationship between the two sides. This situation is often referred to as leave without pay. Due to historical reasons, this situation is very common in established state-owned enterprises. Many people who have stopped work to pay wages are about to reach retirement age. When they find that the enterprise that keeps labor relations with them has not paid social security, the two sides have disputes and resort to law. According to the current judicial practice, under the general principle, if a worker fails to make a clear agreement or sign a written agreement with the employer on social security payment during his unpaid leave, although the worker still maintains labor relations with the employer during his unpaid leave, he has not actually provided labor services to the employer and has not accepted the daily management of the employer, so the employer is generally not obliged to pay social insurance premiums for the worker during this period, and the demand of the worker for social security payment will generally not be supported by the arbitration institution. Therefore, it is best for workers to reach an agreement with the employer on social security payment before leaving their jobs without pay, so as not to affect the enjoyment of relevant social security benefits.

Legal basis: Article 2 of the Social Insurance Law of People's Republic of China (PRC) The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance, maternity insurance, etc., to protect citizens' right to get material help from the state and society according to law in case of old age, illness, industrial injury, unemployment and maternity.