Sign a labor contract with the company, and the social security will be paid by the third party. What are the legal risks of the company and how to avoid them?

The legal risk is that when the employee resigns, he may not be able to go through the social security transfer formalities at the Social Security Bureau, and no labor dispatch contract has been signed. The company's practice violates the provisions of the Labor Contract Law. Unable to avoid legal risks. It is legal to sign a labor dispatch agreement with a labor dispatch company and accept labor dispatch personnel, and the labor dispatch company shall pay social security fees.

Legal analysis

Paying social security is the main content of social security agency service, which means that agency companies provide services for enterprises or individuals to handle or pay social insurance, and it is one of many items in personnel agency service. As an intermediary service, paying social security has attracted more and more attention from the society, and has become an industry with the implementation of relevant supporting policies in various places. According to the relevant provisions of the Labor Law, it is the legal obligation of the company to pay social security for employees, and it cannot be evaded in any other way. In other words, even if a third party pays social security, it cannot exempt the company from its relevant obligations. In the event of a dispute, the company should bear the responsibility of paying social security for employees, and may also bear relevant administrative responsibilities. Social security can be entrusted, but it cannot be remitted. It must be deducted from my account. First of all, social insurance payment is made through legally registered companies. If you choose an agency as an agent, you must review the company's qualifications to see if it is legally registered. Only in this way can your rights and interests be safeguarded. After paying social insurance for one month, you should ask the social security agency for proof of payment every month, or log on to the social insurance website to see if your social insurance has really been paid.

legal ground

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

Article 12 The employing unit shall pay the basic old-age insurance premium according to the proportion of the total wages of employees stipulated by the state and record it in the basic old-age insurance pooling fund. Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts. Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employing unit and other flexible employees who have participated in the basic old-age insurance shall pay the basic old-age insurance premiums in accordance with state regulations and record them in the basic old-age insurance pooling fund and individual accounts respectively.

Tenth employees should participate in the basic old-age insurance, and employers and employees should pay the basic old-age insurance premium. Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium. The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.