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Is it illegal for self-employed employees not to pay social security?
1, the social insurance administrative department may order it to make corrections within a time limit; If no correction is made within the time limit, a fine shall be imposed. Workers can also unilaterally terminate the labor contract and demand economic compensation on this ground. The economic compensation shall be paid to the laborer according to the standard of paying one month's salary for each full year of working in this unit;
According to the law, as long as the labor relationship exists, the enterprise must fulfill all the obligations stipulated in the labor law. If employees do not actively perform, employees can complain to the labor inspection department. Therefore, the employer should bear the responsibility of paying social security.
Legal basis: Article 83 of People's Republic of China (PRC) Social Insurance Law.
If the employing unit or individual thinks that the behavior of the social insurance fee collection agency infringes upon its legitimate rights and interests, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
The employing unit or individual may apply for administrative reconsideration or bring an administrative lawsuit against the social insurance agency for failing to register social insurance, verify social insurance premiums, pay social insurance benefits, handle social insurance transfer and connection procedures or infringe upon other social insurance rights and interests according to law.
Individuals and employers who have social insurance disputes may apply for mediation, arbitration and bring a lawsuit according to law. If an employer infringes upon an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law.
Article 84
If the employer fails to apply for social insurance registration, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.
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