Is it legal for public institutions to pay social security?

Legal analysis: 1. Employees must sign labor contracts with employers and establish labor relations before they can pay social insurance through employers. The two sides did not establish a labor contract relationship, but paid social security through affiliated agencies, which is illegal and not allowed by the policy. 2. The regulations and requirements for participating in personal insurance vary from place to place, but there are usually household registration restrictions. Generally speaking, foreign hukou can't get social security without a work unit at the place of residence. 3. For this online social security payment company, the workers did not sign a labor contract with it, nor did they work in the company and receive wages. The agency pays social security for it by charging the headcount fee and linking it, which is suspected of fictional labor relations and has certain risks and problems. This kind of illegal behavior needs to be regulated. 4. The Social Insurance Law clearly stipulates that if the social insurance benefits are defrauded by fraud, forged certification materials or other means, the social insurance administrative department shall order the fraudulent social insurance benefits to be returned and impose a fine of more than two times and less than five times.

Legal basis: People's Republic of China (PRC) Social Insurance Law.

Article 7 The administrative department of social insurance in the State Council is responsible for the management of social insurance throughout the country, and other relevant departments in the State Council are responsible for the relevant social insurance work within their respective functions and duties. The social insurance administrative department of the local people's government at or above the county level shall be responsible for the social insurance management within its administrative area, and other relevant departments of the local people's government at or above the county level shall be responsible for the relevant social insurance work within their respective functions and duties.

Eighth social insurance agencies to provide social insurance services, responsible for social insurance registration, personal rights and interests records, social insurance benefits payment and other work.

Article 9 Trade unions shall safeguard the legitimate rights and interests of employees according to law, and have the right to participate in the research on major social insurance issues, participate in the social insurance supervision committee, and supervise matters related to employees' social insurance rights and interests.