Is it illegal for the company not to pay social security, and what punishment will it receive?

The company failed to pay the fine of social insurance and asked the social security agency to correct it. If no correction is made within the time limit, a fine of more than one time and less than three times the amount of insurance premium shall be imposed, and at the same time, a fine of more than 500 yuan and less than 3,000 yuan shall be imposed on the directly responsible person in charge and other responsible personnel.

Legal analysis

Social insurance registration is an important link in the collection of social insurance premiums and the basis of social insurance payer management. Employers do not apply for social insurance registration, employees cannot participate in insurance, and social insurance administrative departments cannot supervise. Therefore, this article stipulates the corresponding legal responsibility for the employer not to apply for social insurance registration. There are two ways to deal with the illegal acts of employers who fail to register social insurance: first, the illegal acts of employers who fail to register social insurance shall be ordered by the social insurance administrative department to correct within a time limit. Ordering correction is not an administrative punishment, but a remedial administrative measure, which is a requirement for the offender to eliminate the illegal state and restore the legal state. Second, if the employer fails to apply for social insurance registration after being ordered by the administrative department of social insurance to make corrections within a time limit, the administrative department of social insurance shall impose a fine of more than 3 times the amount of social insurance premiums payable by the employer/kloc-0, and impose a fine of more than 3,000 yuan from 500 yuan on the directly responsible person in charge and other directly responsible personnel.

legal ground

People's Republic of China (PRC) social insurance law

Eighty-fourth employers do not apply for social insurance registration, the social insurance administrative department shall order them 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.

Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.

Article 38 of the Labor Contract Law of People's Republic of China (PRC) * * * The employee may terminate the labor contract under any of the following circumstances: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.