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The factory does not give employees to buy social security illegal
Legal analysis: illegal, according to the relevant provisions, the employer fails to pay, fails to pay in full, fails to pay the social insurance premiums on time, the responsibility to be borne by the employer includes:
(a) compensation for the loss of workers' underpaid or unearned unemployment insurance benefits.
(ii) To bear the costs of maternity insurance benefits for female workers that should be paid by the Maternity Fund.
(3) To bear the costs of fines and late payment fees related to work injury insurance premiums.
(d) Bear the costs of fines and other expenses related to basic pension insurance.
(v) Compensate for other expenses caused to the workers. For example, if the employer fails to pay the social insurance premiums, the employer will not be able to transfer the records in time, which will affect the laborer's re-employment, such as the loss of wages. If the employer fails to apply for social insurance for the workers, the workers demand compensation for the loss, can be directly to the people's court.
Legal basis: The Social Insurance Law of the People's Republic of China
Article 58 An employer shall, within thirty days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the employer fails to register for social insurance, the social insurance administration organization shall approve the social insurance premiums to be paid by the employer.
Individual industrial and commercial households without employees who voluntarily participate in social insurance, part-time workers who do not participate in social insurance with their employers, and other flexibly employed persons shall apply to the social insurance administrative organization for social insurance registration.
The State establishes a nationally unified individual social security number. Individual social security numbers are citizens' identity numbers.
Article 60 An employer shall declare and pay social insurance premiums in full and on time, and shall not suspend or reduce payment except for force majeure or other legal reasons. The social insurance premiums to be paid by employees shall be withheld and paid by the employer on behalf of the employee, and the employer shall inform the employee of the details of the payment of social insurance premiums on a monthly basis.
Individual industrial and commercial households without employees, part-time workers who do not participate in social insurance with their employers, and other flexibly employed persons may pay social insurance premiums directly to the social insurance premium collection organization.
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