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Is it illegal for the company not to pay social security during maternity leave?

Legal analysis: It is illegal for a company not to pay social security during maternity leave. Although employees take maternity leave, there is still a labor relationship between employees and employers, and employers are still obliged to pay social security according to law. It is illegal for an employer to ask employees to pay in full, and employees can refuse. If the employer fails to pay the social insurance premium in full and on time, the employee may complain to the social insurance premium collection agency, which will handle it according to law.

Legal basis: Article 5 of the Special Provisions on Labor Protection for Female Workers. The employing unit shall not reduce the wages, dismiss or terminate the labor or employment contract of female employees because of pregnancy, childbirth and breastfeeding.

Article 86 of "People's Republic of China (PRC) Social Insurance Law" * * * 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 0.5% shall be charged on a daily basis; 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.