Job Recruitment Website - Social security inquiry - Is it illegal for the boss not to pay social security to employees?

Is it illegal for the boss not to pay social security to employees?

Illegal. It is illegal for a company not to buy social insurance for its employees. The company shall pay social insurance premiums for employees on time according to law;

1. According to the relevant provisions of the Labor Law, if the employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit.

2. The Labor Contract Law clearly stipulates that if the employer fails to pay social insurance premiums for the workers according to law, the workers may terminate the labor contract.

3. According to the relevant provisions of the Social Insurance Law, employees should participate in basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance; If the employer fails to apply for social insurance registration, the social insurance administrative department shall order it to make corrections within a time limit.

If the unit does not pay social security, how to compensate after labor arbitration?

1, the unit fails to pay social security, and after labor arbitration, the social insurance fee collection agency shall order it to pay or make up within a time limit.

2. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

3. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction will be used to offset the social insurance premium.

To sum up, it is illegal for employers not to pay social security for employees.

Legal basis:

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

Article 84

If the employer fails to apply for social insurance registration, 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.

Article 86

If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it 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.