Can it be considered illegal for the company to terminate the labor contract by withholding social security for one month?

No, the termination of social security is not regarded as the termination of the labor contract. When an employee terminates the contract, it can only be considered as the termination of the contract after fulfilling the legal procedures for the termination of the contract. It is illegal for a company to unilaterally pay social security before the employee terminates the labor contract relationship. Workers can complain directly to the local labor department, and the labor administrative department shall order them to make corrections and give them a warning; If it causes damage to workers, it shall be liable for compensation. Laborers can also apply for arbitration and bring a lawsuit according to law to safeguard their legitimate rights and interests. Social security is social insurance, including industrial injury insurance, unemployment insurance, maternity insurance, old-age insurance and medical insurance. It is compulsory insurance that enterprises must pay to employees according to the labor law. This is a livelihood insurance, not for profit. Social insurance can provide the most basic insurance protection for employees. Social insurance is an important part of the social security system and occupies a core position in the whole social security system.

Legal basis:

Article 84 of the Social Insurance Law of People's Republic of China (PRC), if the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.

Derivative problem:

How to deal with the problem of paying social security, you can choose to continue to pay, pay back, or not pay. If you continue to pay, you will find a unit that can pay social security in your next job. After you join the company, you have to pay social security fees. In this case, you will continue to pay. If you are not looking for a job, if your local account can go to the Social Security Bureau and sign an agreement with the bank to pay the social security fee yourself, you only need to deposit money in that account every month.