It is not illegal for an enterprise not to pay social insurance to its workers

The company does not need to pay social security to the employee, which is not illegal.

Labor contracts are generally temporary, similar to the nature of contracting, and the two parties do not belong to the labor relationship, and the employer may not pay social security to the employee.

If there is an employment relationship between the two parties, the employer must purchase social insurance for the employee, otherwise, the employer's behavior is illegal, and the employee can file a complaint with the local social security department.

Starting from January 1, 2008, if the labor contract is not signed, the employee can request the employer to pay double wages from the date of employment, and if he does not sign it for more than one year from the date of employment, it will be deemed to have established an indefinite labor contract with the employer.

From the date of expiration of one year, the worker may claim double wages until the conclusion of an indefinite contract.

Those who fail to pay social insurance premiums shall be given a certain financial penalty in addition to making supplementary contributions.

If an employment relationship is established with the enterprise where the employee works, the enterprise and the worker must pay social security in accordance with the law.

If you sign an employment contract with a labor dispatch company and are then dispatched to the company where you work, then the company you work for does not need to buy social security for you, but the labor dispatch company must buy social security for you. In fact, the company you work for should also pay your salary and other expenses to the labor dispatch company, including the social security expenses. If the labor dispatch company fails to pay, it is illegal.

It is not illegal for workers who do not pay social security for labor outsourcing. According to the laws of China, the employer is not required to pay social insurance to the employee in the labor relationship. Only in the employment contract is the employee required to pay social insurance.

To put it simply, in the labor relationship, the employee is not bound by the rules and regulations of the employer, and there is no subordinate relationship, so the employer does not need to pay insurance; In the re-employment contract, the employee is employed by the employer and needs to abide by the rules and regulations of the employer, and should also enjoy various benefits. Social security is actually what we call social insurance, which is an important part of the social security system. It refers to a system of income and compensation provided for loss of working capacity, temporary loss of work or loss due to health reasons.

Social insurance specifically includes five categories: basic endowment insurance system, basic medical insurance system, work-related injury insurance system, work-related injury insurance system, and maternity insurance system, which are collectively referred to as the five insurances. Social insurance has three main functions:

1. The first is the function of stabilizing social life;

2. The second is the function of redistribution;

3. The third is the function of promoting social and economic development.

Article 10 of the Social Insurance Law of the People's Republic of China Employees shall participate in the basic endowment insurance, and the employer and the employee shall jointly pay the basic endowment insurance premiums.

Individually-owned businesses without employees, part-time employees who have not participated in the basic pension insurance at the employer, and other flexibly employed persons may participate in the basic pension insurance, and the basic pension insurance premiums shall be paid by the individual.

The method of pension insurance for civil servants and staff managed with reference to the Civil Servants Law shall be prescribed by ***. Article 12 The employer shall pay the basic endowment insurance premiums in accordance with the proportion of the total wages of its employees stipulated by the state, which shall be credited to the basic endowment insurance pool.

Employees shall pay basic pension insurance premiums in accordance with the proportion of their wages stipulated by the state, which shall be credited to their personal accounts.

Individually-owned businesses without employees, part-time employees who have not participated in the basic pension insurance in the employer, and other flexibly employed persons who participate in the basic pension insurance shall pay the basic pension insurance premiums in accordance with the provisions of the state, which shall be credited to the basic pension insurance co-ordination and personal accounts respectively.

Legal Analysis] It is illegal not to pay social insurance to dispatched workers, and such behaviors can be reported directly to the local labor inspection department. Social insurance is a kind of social security of contributions, and the funds are mainly paid by the employer and the worker himself, and the government will subsidize and bear the ultimate responsibility. However, only when the worker fulfills the statutory payment obligation and meets the statutory conditions can he enjoy the corresponding social insurance benefits.

Social insurance refers to a social and economic system that provides income or compensation to a population that is incapacitated, temporarily unemployed, or lost due to health reasons. The main items of social insurance include endowment insurance, medical insurance, unemployment insurance, work-related injury insurance, and maternity insurance. The social insurance program is organized by the society, forcing a certain group to use a part of its income as a social insurance tax (fee) to form social insurance, and under certain conditions, the insured can receive a fixed income or loss compensation from the can phu, it is a redistribution system, and its goal is to ensure the reproduction of material and labor and social stability.

Legal basis] Labor Contract Law of the People's Republic of China Article 59 A labor dispatch entity dispatching a worker shall enter into a labor dispatch agreement with the unit accepting the employment in the form of labor dispatch (hereinafter referred to as the "employing entity"). The labor dispatch agreement shall stipulate the number of dispatched positions and personnel, the duration of the dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for violating the agreement. The employer shall determine the dispatch period with the labor dispatch unit according to the actual needs of the job, and shall not divide the continuous employment period into several short-term labor dispatch agreements.