Is it illegal for outsourcing companies not to buy social security for employees?

Legal analysis: it is illegal. If the employer fails to pay social security, the laborer has the right to complain and report to the labor inspection department. The labor inspection department has the right to supervise and inspect the employer's payment of social security, and has the right to order the employer to correct the company's failure to pay social security. According to the relevant provisions of the Labor Contract Law and the Social Insurance Law, it is the right and obligation of the employer to establish a labor relationship with the employee from the date of employment, conclude a labor contract and pay social security within one month. If the employer does not sign a labor contract or participate in endowment insurance, it violates the provisions of the Labor Contract Law and the Social Insurance Law.

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

Article 72 Employers and laborers must participate in social insurance and pay social insurance premiums according to law.

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

Article 38 of the Labor Contract Law of People's Republic of China (PRC) stipulates that if the employer fails to pay social insurance premiums for employees according to law, the employees may terminate the labor contract, and the employer shall pay economic compensation.

Employees who don't want to pay social security must also buy it.

Article 46 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.

Chapter IX Social Insurance and Welfare People's Republic of China (PRC) Labor Law

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.