Job Recruitment Website - Social security inquiry - Is it legal for a company not to sign a contract or pay social security?

Is it legal for a company not to sign a contract or pay social security?

Legal analysis: illegal. According to relevant laws and regulations, the employer shall conclude a written labor contract with the employee and pay social insurance premiums for the employee according to law. If the employer fails to pay social insurance, the employee may terminate the labor contract according to law.

Legal basis: Article 10 of the Labor Contract Law of People's Republic of China (PRC) establishes labor relations, and a written labor contract shall be concluded.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 38 A laborer may terminate the labor contract under any of the following circumstances:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) Failing to pay labor remuneration in full and on time;

(3) Failing to pay social insurance premiums for laborers according to law;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.