Is it illegal not to pay social security in the month of employment?

It is illegal not to pay social security in the first month of employment. It is illegal for a company not to buy social security for its employees. According to the law, the unit shall pay insurance for the workers according to law, and the insurance shall be paid at the same time in the month when the wages are paid. Therefore, employees can complain to the local labor security supervision department. You can also complain to the social insurance agency or the social insurance premium collection agency. Once the unit refuses to apply for social security, you can apply for labor arbitration at the labor arbitration agency where the enterprise is located. If it is not illegal to leave in the month of employment without paying social security, the employer may apply to the social insurance agency for social insurance registration for its employees within 30 days from the date of employment. If you leave your job that month, you will not pay social security for 30 days.

The company did not pay social security in the first month of employment, mainly depending on whether it met the social security payment time 15 days.

Whether the company fails to pay social security in the month of employment can be claimed in two cases:

1, the employment time is before 15 of the current month, and social security shall be paid in the current month; If you don't pay, you can ask for social security for that month.

2. If the employment time is after 15 of the current month, social security can be paid in the next month; If it is legal, it may not be returned.

Legal basis:

Article 77 of the Labor Law stipulates that if there is a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration or bring a lawsuit according to law, or settle it through consultation.

Article 58 of the Social Insurance Law of People's Republic of China (PRC), the employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

According to the relevant provisions of the Labor Law on social security:

Article 72 The sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

Article 100th If an employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit; Late payment, you can add a late fee. As long as labor relations are established, both employers and workers themselves should participate in social insurance.

The state enforces social insurance. The unit must be returned to you. I suggest that you can negotiate with the unit to solve the problem, or you can report it to the local labor inspection department or labor arbitration.