Is it illegal for a private company to not pay social security

It is illegal for a private company not to pay social security.

The employer is obliged to pay social insurance for its employees. It is illegal for a company to fail to pay social security as required. Social security includes pension insurance, medical insurance, work injury insurance, unemployment insurance and maternity insurance. After the employee is regularized, the company should handle the social security procedures in time to ensure the social security rights and interests. If the company refuses to pay social security, the employee can complain to the labor inspection department or apply for labor arbitration.

Basic functions of social security:

1. Pension insurance: to provide basic financial security for retired employees;

2. Medical insurance: to help employees alleviate medical expenses incurred due to illness;

3. Worker's compensation insurance: to provide medical treatment and financial help for employees who are injured in the course of their work;

4. Unemployment insurance: to provide financial assistance for a certain period of time in the event of an employee's unemployment;

5. Provide financial assistance for a certain period of time;

5. Maternity Insurance: Provide medical expenses and maternity allowance for female employees who give birth.

Summary, private companies have a legal obligation to pay social insurance for their employees, including pension, medical care, work injury, unemployment and maternity insurance, and failure to fulfill this obligation is a violation of the law, and the employees can protect their rights and interests through the labor inspection department or labor arbitration.

Legal basis:

The Social Insurance Law of the People's Republic of China

Article 58

An employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration 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.

Individual industrial and commercial households without employees who voluntarily participate in social insurance, part-time employees who do not participate in social insurance with their employers, and other flexibly employed persons shall apply to the social insurance administrative organization for social insurance registration.

The State establishes a nationally unified individual social security number. Individual social security numbers are citizens' identity numbers.

Article 23

Employees shall participate in basic medical insurance for employees, and the employer and the employee shall pay the basic medical insurance premiums together in accordance with state regulations***.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic medical insurance for employees at their employing units, and other flexibly employed persons may participate in the basic medical insurance for employees, and individuals shall pay the basic medical insurance premiums in accordance with the state regulations.