Is it illegal for a sick company to refuse to pay social security?

It is illegal for a sick company to refuse to pay social security.

Explanation on the violation of the sick company's refusal to pay social security:

1, the employer pays social security for employees on the basis of labor relations between the two parties. As long as there is a labor relationship between the two parties, the employer must pay social security for employees according to regulations;

2. As an employee of the company, the labor relationship with the employer disappears with the termination of the labor contract;

3. Although the employee can't provide normal labor for the employer during the sick leave, he is still an employee of the company and still has a labor relationship with the employer;

It is illegal for the company to stop paying social security fees during the employee's sick leave. The employer can't fail to fulfill the social security payment obligation on the grounds of not providing labor for the company, and the social security should be carried out normally according to the regulations.

Sick companies refuse to pay social security measures;

1. If the sick company refuses to pay social security, it can ask the company to reimburse hospitalization expenses and urge the company to apply for social security as soon as possible;

2. If the company fails to apply for social security, it can complain to the municipal labor and social security department or relevant departments, which can be effectively solved as long as the facts are conclusive;

3. Pay attention to collecting evidence when complaining or reporting. The most important thing is to prove that there is a labor relationship with the unit, so the collection of evidence such as labor contract, salary slip and work permit is the key to the success of rights protection.

To sum up, if the sick company refuses to pay social security, it can ask the employer to pay social security. If the employer refuses to pay social security, it can complain to the labor department.

Legal basis:

Article 72 of People's Republic of China (PRC) Labor Contract Law

The social insurance fund shall determine the source of funds according to the types of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

Article 73

Workers shall enjoy social insurance benefits according to law under the following circumstances:

(1) Retirement;

(2) Being sick or injured;

Social insurance premiums enjoyed by workers must be paid in full and on time.