Labor contract can not pay social security

Labor contract can not not pay social security, not pay social security is illegal.

1, according to China's legal provisions of the employer shall, within 30 days from the date of employment, for its employees to the social insurance agency to apply for social insurance registration. If it fails to register for social insurance, the social insurance agency shall authorize the social insurance premiums it should pay. Employers should declare themselves and pay social insurance premiums in full and on time. At the same time, the law also stipulates that one of the mandatory clauses in the labor contract is social insurance. So the payment of social security is the obligation of the employer, do not pay social security is illegal;

2, and the unit signed a labor contract, the unit must be required to pay social security. The company does not pay social security to employees can first negotiate with the leadership of the unit to pay the social security requirements, negotiation is fruitless there is evidence of actual labor relations, to the unit's location of the District Labor Arbitration Committee to apply for arbitration, so that the unit to make up for the payment of social security claims of individuals;

According to the relevant provisions of the law, regardless of the employer and the employee signed a written labor contract, as long as both parties exist labor relations, must be required to pay the required social security contributions. relationship exists, both parties must pay social security according to the regulations. Labor relations and social insurance payment itself is closely linked together, some companies and workers negotiate not to pay social insurance, but this part of the cost of indirectly added to the personal salary of the employee, this operation is in fact a violation of the law;

3, if the employee agrees to the fact that it is also very ignorant, the social insurance for us in all aspects of life have a very important role in the individual The company must be made to pay according to the law. The company has not been paying social security is illegal. If a company does not pay social security, the worker can claim compensation according to the law. The company will face the following consequences: if the laborer terminates the labor contract because the unit does not pay social security, the laborer can ask the unit to pay economic compensation. Generally, the economic compensation is calculated according to the actual working years of the laborer in the unit, and one month's compensation is paid upon completion of one year. If the unit does not pay the social security benefits and the worker is unable to enjoy the social insurance benefits and suffers losses, the worker can ask the unit to compensate for the losses caused by the unit.

In summary, it is not permissible to sign a labor contract without social insurance. The employer should apply for social insurance registration with the social insurance agency for its workers within thirty days from the date of employment.

Legal basis:

Article 58 of the Social Insurance Law

An employer shall, within thirty days from the date of employment, apply for social insurance registration with the social insurance agency for its employees. If it fails to register for social insurance, the social insurance administration organization shall approve the social insurance premiums it shall pay. Article 86

If an employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums within a certain period of time or to make up for them, and shall impose a late fine of five ten thousandths of a cent on a daily basis from the date of the unpaid premiums; and if the premiums are still not paid after the expiration of the period of time, a fine of not less than double and not more than triple of the amount of the unpaid premiums shall be imposed by the relevant administrative department.