Is it illegal to outsource labor services without paying social security?

Is it illegal to outsource labor services without paying social security?

Article 72 of the Labor Law stipulates that employers and workers must participate in social insurance and pay social insurance premiums according to law.

Article 100 stipulates that if the employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit, and if it fails to pay within the time limit, it may impose a late fee.

According to Articles 38 and 46 of the Labor Contract Law, if the employer fails to pay social insurance premiums for the employee according to law, the employee may terminate the labor contract and the employer shall pay economic compensation.

Employees don't want to pay social security? Employers must also buy.

It is illegal for employees not to buy insurance for employees. Employees can complain to the labor department and ask the enterprise to make economic compensation.

Attached to the relevant provisions of the Labor Law of People's Republic of China (PRC).

Chapter IX Social Insurance and Welfare

Article 70 The state develops social insurance undertakings and establishes social insurance systems and social insurance funds, so that workers can get help and compensation in old age, illness, work injury, unemployment and childbirth.

Article 71 The level of social insurance should be compatible with the level of social and economic development and social affordability.

Article 72 The sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

Article 73 Laborers shall enjoy social insurance benefits according to law under the following circumstances:

(1) Retirement;

(2) Being sick or injured;

(3) Being disabled at work or suffering from occupational diseases;

(4) unemployment;

(5) bearing.

After the death of an employee, his survivors shall enjoy the survivors' allowance according to law.

The conditions and standards for workers to enjoy social insurance benefits shall be stipulated by laws and regulations.

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

Seventy-fourth social insurance fund agencies shall manage and operate social insurance funds according to law, and be responsible for maintaining and increasing the value of social insurance funds.

Social insurance fund supervision institutions shall supervise the income and expenditure, management and operation of social insurance funds according to law.

The establishment and responsibilities of social insurance fund handling institutions and social insurance fund supervision institutions shall be prescribed by law.

No organization or individual may misappropriate social insurance funds.

Article 75 The State encourages employers to establish supplementary insurance for workers according to actual conditions.

The state encourages self-employed workers to participate in savings insurance.

Article 76 The state develops social welfare undertakings and builds public welfare facilities to provide conditions for laborers to rest, recuperate and recuperate.

The employing unit shall create conditions to improve the collective welfare and the welfare treatment of workers.

The Labor Law stipulates that employers and workers must participate in social insurance and pay social insurance premiums according to law.