Can I find a company to pay social security in name?

The law does not clearly stipulate that it is illegal to "affiliate" a company to pay social security.

The Labor Law and the Social Insurance Law clearly stipulate that employers and their employees must participate in social insurance.

Although the Social Insurance Law forces employers to pay social security fees for employees, which is a mandatory obligation of employers, it does not prohibit employers from paying social security fees for employees who are not in their own units. This behavior does not harm the interests of the state and the third party. Workers and enterprises create conditions that meet the requirements of paying social insurance premiums and do not harm the interests of others.

Therefore, paying social security is not explicitly prohibited by our laws.

According to the relevant provisions of the Labor Contract Law, the employer establishes labor relations with the laborer from the date of employment. In other words, the establishment of labor relations is not based on the signing of written labor contracts, but on the existence of actual employment behavior.

Handling employment registration procedures and paying social insurance premiums on behalf of others is only a reference factor, not a decisive factor, so it is not appropriate to easily determine that there is a labor relationship between the two parties through examination, but it does not have the essential characteristics of labor relations.

Whether labor relations are established or exist is generally considered from the following aspects:

(1) The employer and the employee meet the subject qualifications stipulated by laws and regulations;

(2) Laborers accept the labor management of the employing unit and engage in paid labor arranged by the employing unit, and the labor rules and regulations formulated by the employing unit according to law shall apply;

(3) The labor provided by laborers is an integral part of the employer's business.

Therefore, if the employer pays social security for non-employees, it should be recognized that there is no labor contract relationship between the two parties in the legal sense, and there is a legal relationship between the two parties to entrust the payment of insurance according to the specific circumstances.