Pay social security for work in different places

How to pay social security for employment in different places? Text/Hong Guibin, a foreign-funded enterprise, human resources consulting: Our company has offices all over the country, and its headquarters is registered in Shanghai. Does the company pay comprehensive insurance for employees working in different places conform to the labor law? An employee currently working in Tianjin believes that companies working in different places should pay local insurance for their employees. If this employee applies for a labor arbitration company in Tianjin, is there any certainty of winning the case? Looking forward to your reply. Thank you! A: This case involves three aspects: (1) The main positions of the firm are based on the Reply of the State Administration for Industry and Commerce on the Definition of Branches in Paragraph 1 of Article 35 of the Regulations on the Administration of Registration of Enterprise Legal Persons in People's Republic of China (PRC) (1997). The term "branch" as mentioned in the first paragraph of Article 35 of the Regulations on the Administration of Registration of Enterprise Legal Persons refers to an enterprise legal person established by investment. According to the above provisions, those who do not operate are only institutions (offices) that contact and handle affairs, neither branches nor branches. Before the implementation of the new Company Law, the original Detailed Rules for the Implementation of the Regulations on the Administration of the Registration of Enterprise Legal Persons stipulated that the offices established by foreign-invested enterprises should apply for registration. At that time, the company had to go through the registration procedures to set up an office. After the new "Company Law" and "Regulations on the Administration of Company Registration" came into effect, the situation changed. Article 25 of the Opinions of the State Administration for Industry and Commerce, the Ministry of Commerce, the General Administration of Customs and the State Administration of Foreign Exchange on Several Issues Concerning the Application of Laws in the Examination and Registration of Foreign-invested Companies stipulates: "The company registration authority will no longer register the offices of foreign-invested companies. The original registered office shall not go through the formalities of alteration or extension. After the expiration of the time limit, it shall cancel the registration or apply for the establishment of a branch as needed. Branches of foreign-invested companies may engage in liaison, consultation and other businesses within the company's business scope. Those who engage in business activities in the name of the office shall be investigated and dealt with by the company registration authority according to law. It can be seen that under the new situation, foreign-funded enterprises can only engage in liaison and consultation work without industrial and commercial registration, and cannot engage in business activities in the name of offices. (II) Social insurance for employment in different places According to the Interim Measures for the Administration of Social Insurance Registration, social insurance registration is subject to territorial management. If the payer has a branch in a different place, the branch shall generally apply for social insurance registration as an independent payer to the local social insurance agency. Cross-regional payment units, their social insurance registration places shall be determined by the relevant regions through consultation. If there are different opinions, the place of registration shall be determined by the social insurance agency at the next higher level. Your company's headquarters is registered in Shanghai. Because the office is not a branch, there is no main condition for paying social security locally. If the main body of the labor contract with employees is a Shanghai company, the employment registration formalities shall be handled in Shanghai. Because the payment of social insurance is closely related to the employment registration procedures, if an employee working in a foreign office does not have a Shanghai household registration, your company can pay comprehensive insurance for him without having to pay social insurance locally. (III) Qualification of the parties to labor arbitration and burden of proof at the place of performance According to the Law on Mediation and Arbitration of Labor Disputes and relevant regulations, the subject applying for labor dispute arbitration must belong to the qualified subject adjusted by labor laws and regulations: according to the current laws and regulations, the qualified subject applying for labor arbitration mainly includes: 1) enterprises, individual economic organizations, private non-enterprise units and other organizations and workers who have formed labor relations with them. 2) State organs, institutions, social organizations and workers who have signed written labor contracts with them. 3) Foreigners, people from Taiwan, Hong Kong and Macao who have obtained legal employment qualifications and people who have settled abroad. 4) Illegal employers and the subject of child labor accidents. The office does not belong to the employer in the sense of labor law, and the dispute between the office staff and the office does not belong to the labor dispute. If the office applies to the Labor Dispute Arbitration Commission for arbitration, the Arbitration Commission will not accept it. Therefore, your employees can only apply for arbitration with the Shanghai company as the respondent. If an employee applies to Shanghai for arbitration, according to the Labor Dispute Mediation and Arbitration Law, the labor dispute shall be under the jurisdiction of the labor dispute arbitration committee in the place where the labor contract is performed or where the employer is located. Where both parties apply for arbitration to the labor dispute arbitration committee in the place where the labor contract is performed and the place where the employer is located, it shall be under the jurisdiction of the labor dispute arbitration committee in the place where the labor contract is performed. The law confirms the principle of priority jurisdiction of the place of performance, but in judicial practice, workers are still required to bear the burden of proof of the place of performance. For the company, if it encounters arbitration in Tianjin, it can raise jurisdiction objection to the local arbitration commission. Promote the settlement of disputes in Shanghai. Editor's Note: In the practice of enterprise's employment management in different places, it often appears that the company headquarters is willing to pay social insurance for employees in different places, and at the same time cancels the social insurance payment in the place where the company is registered, which contains certain labor dispute risks. If employees are registered in Shanghai and actually work in Shenzhen, employee insurance is paid in Shenzhen (many companies entrust outsourcing companies to operate and pay), because Shanghai does not pay any social insurance. In the future, employees may be supported by arbitration if they terminate the contract and demand economic compensation on the grounds that the enterprise fails to pay social insurance according to law. It is suggested that enterprises require employees to provide monthly social insurance payment list as evidence to exempt the company headquarters from paying social insurance responsibility, and clarify the social insurance payment method and liability for breach of contract through agreement. This is conducive to preventing disputes and controlling enterprise risks to a minimum. This article is selected from the fifth issue of Cai Li in 2009.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.