How can the company terminate the labor contract without paying social security?

Legal analysis: If the company fails to pay social security, employees can terminate the labor contract and demand economic compensation. Under any of the following circumstances, the employer may terminate the labor contract: (1) Failing to provide labor protection or working conditions as agreed in the labor contract. (2) Failing to pay labor remuneration in full and on time. (3) Failing to pay social insurance premiums for laborers according to law.

Legal basis: People's Republic of China (PRC) Labor Contract Law.

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 To establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 36 The employing unit and the employee may terminate the labor contract through consultation.