Under what circumstances can employees not be paid social security?

Under what circumstances can employees not be paid social security?

According to the relevant laws and regulations of our country, employers must pay social insurance premiums for employees to protect their social security rights and interests. However, under the following circumstances, the employer may not pay social insurance premiums for employees:

First, interns and part-time employees

Interns and part-time employees are usually not regular employees of the company, so the employer can not pay social insurance premiums for them. However, if interns or part-time employees have the same working hours and nature as regular employees, then the employer should pay social insurance premiums for them.

The second is retired rehired personnel.

Retired and rehired personnel refer to those who have retired and enjoyed pension insurance benefits and are rehired by the company. Since they have already enjoyed the pension insurance benefits, the employer does not need to pay the pension insurance premium for them. However, employers still need to pay other social insurance premiums, such as medical insurance, work injury insurance, unemployment insurance and maternity insurance.

Third, foreign employees.

When foreign employees work in China, their social insurance premiums shall be paid in accordance with the agreement signed with China or relevant laws and regulations. If the agreement or laws and regulations stipulate that the employer does not need to pay social insurance premiums for foreign employees, then the employer may not pay them.

To sum up:

In addition to the above, the employer must pay social insurance premiums for all regular employees. If the employer fails to pay social insurance premiums for employees according to regulations, employees may complain to the local social security department to safeguard their legitimate rights and interests.

Legal basis:

Article 23 of the Social Insurance Law of People's Republic of China (PRC) stipulates that the employer shall pay social insurance premiums in accordance with the regulations. If the employer fails to pay social insurance premiums in accordance with the regulations, the social insurance collection agency shall order it to pay or make up within a time limit.