Sick leave company does not pay social security legal

It is not legal for a company not to pay social security for sick leave.

Sick leave company does not pay social security is not legal as follows:

1, when the employee sick leave, the company can not not pay social security, sick leave employer must also pay social security;

2, as long as the existence of labor relations social security fees should not be interrupted payment;

3, leave during the employee is still enjoying the wages and social security treatment.

The principle of the base of the sick leave wage:

1, the labor contract has an agreement, according to the labor contract is not less than the labor contract agreed upon by the worker himself in the post (position) corresponding to the wage standard. If the standard determined by the collective contract (collective wage agreement) is higher than the standard agreed in the labor contract, it shall be determined according to the standard of the collective contract (collective wage agreement);

2. If there is no agreement in the labor contract or the collective contract, it can be determined through collective wage negotiation between the employer and the employee's representative, and the result of the negotiation shall be the signing of the collective wage agreement;

3. If there is no agreement between the employer and the worker The basis for calculating vacation pay shall be determined uniformly at 70% of the monthly wage for normal attendance at the worker's own post (position).

In summary, sick leave employers must also pay social security. Social insurance is a social and economic system that provides income or compensation for the population that is incapacitated, temporarily out of work or has suffered losses due to health reasons. The main items of social insurance include pension insurance, medical insurance, unemployment insurance, work injury insurance and maternity insurance. Its goal is to ensure material and labor reproduction and social stability. Those who have established a labor relationship with the employer or have paid all social insurance premiums in accordance with the regulations are entitled to social insurance benefits. Social insurance is the core element of the social security system.

Legal basis:

Article 3 of the Provisions on the Medical Treatment Period for Sickness or Non-Cause Work-Related Injury of Enterprise Employees

Enterprise employees who are sick or non-cause work-related injuries, and need to stop working for medical treatment, will be given medical treatment period from three to twenty-four months according to the number of years they have actually participated in the work and the years they have worked for their own organization:

(1) If the actual working years are less than ten years, the number of years worked for the organization is less than ten years, and the actual working years are less than ten years. (a) Three months for those with less than five years of actual work experience and less than five years of work experience in the organization; and six months for those with more than five years of work experience.

(2) For those with more than ten years of actual service, six months for those with less than five years of service in the organization; nine months for those with more than five and less than ten years; twelve months for those with more than ten and less than fifteen years; eighteen months for those with more than fifteen and less than twenty years; and twenty-four months for those with more than twenty years.