Is it reliable to pay social security for odd jobs in Shenzhen?

First, is it legal to pay social security?

Workers must sign labor contracts with employers and establish labor relations before they can pay social insurance through their 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.

On February 9th, Ministry of Human Resources and Social Security issued the Measures for Administrative Supervision of Social Insurance Funds (hereinafter referred to as the Measures), which came into effect on March 8th, 2008. According to Article 32 of the Measures, if the employing unit or individual fabricates the conditions for participating in insurance and pays back the social insurance benefits in violation of regulations, it shall be in accordance with Article 88 of the Social Insurance Law of People's Republic of China (PRC).

Second, what are the risks of social security payment?

1, revealing personal information

Social security "payment" and "hook" need to provide real information such as my name and ID number, which means that I may face the risk of personal information disclosure.

2. Property damage makes it difficult to protect rights.

Some companies cheat in the name of "paying" and "attaching" social security and issue false payment vouchers. In fact, the social security account was not recorded, which means that the social security payment was not successfully processed. If the company runs away with money, individuals will be cheated and their property will be damaged, but because there is no actual labor relationship, the labor law cannot protect their rights and interests.

Generally speaking, social security payment means spending more money, there is no guarantee, and it may also affect your personal credit information. "Remittance" and "linking" are not reliable. Please choose formal channels for insurance. Freelancers can also pay social security by themselves!

legal ground

Article 23 The administrative department of human resources and social security shall conduct off-site inspection according to the following procedures:

(a) according to the inspection plan and work needs, determine the purpose and content of off-site inspection, and notify the supervised units to submit data and materials in accordance with the prescribed scope, format and time limit; Or extract data related to the management and use of social insurance funds from the information system;

(two) to review the data and materials submitted and extracted by the supervised unit, and if the data and materials do not meet the requirements, the supervised unit shall make a supplementary report or resubmit it;

(3) Contrasting and analyzing data and materials, and asking the supervised unit to verify and explain the suspicious problems found; On-site verification of major issues; Assess the income and expenditure, management status and existing problems of the social insurance fund and form an inspection report.

The administrative department of human resources and social security shall manage the storage and use of submitted and extracted data and materials to ensure data safety. Article 88 of the Social Insurance Law of People's Republic of China (PRC) defrauds social insurance benefits by fraud, forgery of certification materials or other means, and the social insurance administrative department shall order it to return the defrauded social insurance benefits and impose a fine of more than two times and less than five times the amount defrauded.

Eighty-ninth social insurance agencies and their staff have one of the following acts, and the social insurance administrative department shall order them to make corrections; If losses are caused to social insurance funds, employers or individuals, they shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(1) Failing to perform the statutory duties of social insurance;

(2) Failing to deposit the social insurance fund into the special financial account;

(3) Deducting or refusing to pay social insurance benefits on time;

(four) lost or tampered with the payment records, enjoy social insurance benefits records and other social insurance data, personal rights records;

(five) other acts in violation of social insurance laws and regulations.