Can I pay provident fund if I don't pay social security in the company?

If you don't pay social security in the company, you can pay the provident fund.

1. According to Article 12 of the Labor Contract Law of People's Republic of China (PRC), the employer must pay the basic old-age insurance premium according to the proportion stipulated by the state;

2. Within 30 days from the date of employing employees, the employer must register with the housing provident fund management center and set up housing provident fund accounts for employees;

3. It is illegal for the company to pay only five insurances without paying the provident fund, and it is necessary to pay the housing provident fund for employees in time;

4. Whether a listed company must pay the housing provident fund for its employees;

5. Social security and housing accumulation fund can be paid in different companies, but the employer must provide social insurance for employees;

6. You can't pay the provident fund without paying social security, which is a legal obligation;

7. If the company fails to pay social security and provident fund according to the actual salary, it can complain to the relevant administrative department.

The difference between social security and provident fund;

1, different in nature: social security is a social insurance system established by the state to ensure the basic living safety of employees; Provident fund is a personal housing savings system for employees;

2. Different composition: social security includes endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance; The provident fund is mainly used for employees to buy houses, rent houses and repay the principal and interest of housing loans;

3. Different payment subjects: social security is paid jointly by units and individuals, and the proportion and base are set by the government; Provident funds are paid by units and individuals according to a certain proportion, and the specific proportion can be negotiated by themselves within the prescribed scope;

4. Different scope of use: social security is mainly used for living security such as retirement, medical care and unemployment; The provident fund is mainly used to solve the housing problem of employees;

5. Different management institutions: social security is managed by human resources and social security departments; The provident fund is managed by the housing provident fund management center.

To sum up, according to the Labor Contract Law of People's Republic of China (PRC), the employer must pay the basic old-age insurance premium according to the proportion stipulated by the state, set up housing provident fund accounts for employees, and pay the housing provident fund in time. Whether it is a listed company or not, it is necessary to pay the housing provident fund for employees. Therefore, it is illegal to pay only social security and not provident fund. If the company fails to pay social security and provident fund according to the actual salary, it can complain to the relevant administrative department.

Legal basis:

Regulations on the administration of housing provident fund

second

The term "housing accumulation fund" as mentioned in these Regulations refers to the long-term housing savings paid by state organs, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises, institutions, private non-enterprise units and social organizations (hereinafter referred to as units) and their employees.