Can't the company pay social security?

It can't stop companies from paying social security. Paying social insurance for employees is a statutory obligation and mandatory requirement of the company. Even if employees voluntarily give up, the company should pay social insurance for employees, otherwise it will bear the corresponding legal consequences. It is a legal basic obligation for employers to participate in social insurance for workers, which has been confirmed by China's labor law, labor contract law, social insurance law and other laws. All behaviors of employers that fail to pay or pay social insurance premiums in full are illegal acts prohibited by law. The illegal behavior of the employer not only violates its own legal obligations, but also seriously damages the legitimate rights and interests of workers, and must bear the responsibility for the consequences. If this behavior causes losses to the laborers, it shall also compensate the laborers for their losses.

Legal basis:

People's Republic of China (PRC) Labor Law 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 17 of the People's Republic of China (PRC) Labor Contract Law shall meet the following provisions:

(a) the name, domicile and legal representative or principal responsible person of the employing unit;

(2) The name and address of the laborer and the number of the resident identity card or other valid identity documents;

(3) The term of the labor contract;

(4) Work content and work place;

(five) working hours and rest and vacation;

(6) Labor remuneration;

(7) Social insurance;

(eight) labor protection, working conditions and occupational hazard protection;

(nine) other matters that should be included in the labor contract as stipulated by laws and regulations.

Article 58 of the Social Insurance Law of People's Republic of China (PRC) * * * The employer 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.

Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.

The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.

Derivative problem:

What if the company doesn't pay social security? If the company fails to pay social security, employees can complain to the social security administrative department, and the social security administrative department will order the unit to pay back; You can also use this as a reason to terminate the labor contract and advocate economic compensation. The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.