Is it illegal for a company to sign a labor contract without paying social security?

It is illegal for a company to sign a labor contract without paying social insurance, and it is not allowed to sign a labor contract without buying social insurance. The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance registration has not been completed, the social insurance agency shall verify the social insurance premium it should pay. How to handle five insurances and one gold for on-the-job employees?

1. If there is a work unit, it shall be handled by the unit, and the individual shall provide five insurance and one gold ID card and photos;

2. Endowment insurance and medical insurance can be taken away with the job transfer;

3. If you find a new work unit, you should go to the original unit to open an old-age insurance transfer form, fill out the current work unit clearly, and it is best to go through the original transfer procedures, which are signed by the social pension management department where the original unit is located, and go through the transfer procedures of the old-age insurance account, so that the original unit can reduce the number of old-age accounts. Then go to the current unit to stamp for approval, and go through the formalities of accepting old-age care at the adopter insurance department where the current unit is located, and the current unit will increase the number of people. After the transfer of pension insurance, the current unit also participated in the employee pension insurance, and the two can be combined to calculate the payment period. After going through retirement procedures, the transfer of medical insurance is basically the same.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 58 An employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.

The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.

Article 62 If the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the amount that should be paid shall be determined according to 100% of the amount paid by the employer last month. After the payer completes the declaration formalities, the social insurance fee collection agency shall settle the account according to the regulations.

Article 63 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.

Labor Contract Law

Article 38 In any of the following circumstances, the employer may unilaterally 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;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.