Is it legal for institutions not to pay social security?

Legal analysis: illegal. Institutions should also pay social security. The employer's failure to pay social insurance has seriously violated the legitimate rights and interests of workers, and the employer should bear the legal consequences for its illegal behavior. Employers must participate in social insurance according to law, and it is illegal for employers to refuse to participate in social insurance.

Legal basis: People's Republic of China (PRC) Social Insurance Law.

Article 4 Employers and individuals in People's Republic of China (PRC) shall pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

Fifth people's governments at or above the county level shall incorporate social insurance into the national economic and social development plan. The state raises social insurance funds through multiple channels. People's governments at or above the county level shall give necessary financial support to social insurance. The state supports social insurance through preferential tax policies.