Is it legal for the company to withhold social security?

Legal analysis: theoretically, units and individuals deduct the monthly payment, but in practice, the monthly salary is generally paid on a certain day next month, so the employer has made social security in advance in order to pay it on time that month. In short, individual social security can check whether it is paid or not every month. You can calculate how many months have been deducted when the labor relationship is terminated. As long as the number of deductions is equal to the payment month, it will not be withheld. If you detain it more than once, you have the right to ask your employer to return it.

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

Article 4 Employers and individuals who pay social insurance premiums according to law in People's Republic of China (PRC) 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.