Can labor dispatch not pay social security?

Labor dispatch cannot fail to pay social security.

The unit has the obligation to pay social security for its employees, and if the labor service company fails to pay social security for the labor dispatch personnel, it will be punished. Where a labor dispatch unit dispatches workers across regions, it shall participate in social insurance for the dispatched workers in the place where the employing unit is located, pay social insurance premiums in accordance with the regulations of the place where the employing unit is located, and the dispatched workers shall enjoy social insurance benefits in accordance with state regulations.

The dispatched employee establishes a labor relationship with the labor dispatch enterprise, and the labor dispatch enterprise shall establish a social insurance relationship for the dispatched employee according to law. In the legal relationship of labor dispatch, the labor service company is the employer, and the labor service company should undertake the legal obligations that the employer should perform, including paying social insurance for workers. If it is illegal to help workers pay insurance according to the regulations, according to the law, the insurance payment method of labor dispatch personnel shall be determined by the labor dispatch unit and the unit that accepts the employment in the form of labor dispatch and written into the labor dispatch agreement. However, in any case, the labor dispatch unit or the employing unit must pay various social insurance premiums for the labor dispatch personnel, and shall not pass the buck and infringe on the rights and interests of the labor dispatch personnel.

To sum up: if you fail to pay social security according to law, you can apply for labor arbitration. If the employer fails to pay the social insurance premium for the employee according to law, the employee may unilaterally terminate the labor contract, and the employer needs to give corresponding economic compensation and pay the social insurance premium for the employee.

Legal basis:

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

Article 60

The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis. Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.