Job Recruitment Website - Social security inquiry - Is it legal for the company to pay all social security?
Is it legal for the company to pay all social security?
Whether social security payment is legal or not depends on the situation. There is a kind of social security ownership that is legal and reasonable. For example, foreign companies sign labor contracts with employees, but social insurance is not paid by actual employers, but must be paid by human resources companies. At this time, the foreign enterprise signed a contract with the human resources company, stipulating that the latter should pay social insurance for the employees of the former unit, which can be called "paying social insurance has no labor relationship, but it is established by the employer and the professional labor dispatch company".
The other method is unreasonable, but not illegal. It often happens to migrant workers and freelancers, and social security payment becomes a problem because the units of these two groups are not fixed. Moreover, in many places, there are restrictions on individuals who do not have local hukou to pay social security. For example, workers who have worked continuously in Hangzhou for ten years can pay social insurance in their personal capacity. It can be seen that this is the imperfection of social insurance policy, which leads to the situation that foreigners find units linked to social security.
Social security companies and individuals have to pay, according to the wages of employees, the proportion of units and individuals is generally:
Endowment insurance units bear 20% and individuals bear 8%;
8% for medical insurance units and 2% for individuals;
Unemployment insurance unit 2%, individual1%;
Maternity insurance shall be borne by the unit at 0.7%;
0.5 to 1.6% of work-related injury insurance is also borne by the unit.
Legal basis: Article 10 of the Social Insurance Law.
Employees shall participate in the basic old-age insurance, and the employer and employees shall jointly 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.
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