Determination of failing to pay social security according to law

The provisions of the Labor Law on unpaid social security are as follows: a Article 72 of the Labor Law stipulates: "Employers and workers must participate in social insurance and pay social insurance premiums according to law. B Article 63 of the Social Insurance Law stipulates that if an employer fails to pay social insurance premiums in full and on time, and the social insurance premium collection agency orders it to pay or make up within a time limit, the social insurance premium collection agency may apply to the relevant administrative department at or above the county level for a decision to allocate social insurance premiums from the deposit account of the employer, and notify its bank or other financial institutions in writing to allocate social insurance premiums.

Legal objectivity:

Article 38 of the Labor Contract Law of People's Republic of China (PRC): In any of the following circumstances, the employee may terminate the labor contract: (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.