Social security agreement entrusted by the unit

According to Article 57 of the Social Insurance Law, "the employing unit shall, within 30 days from the date of its establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The social insurance agency shall review and issue the social insurance registration certificate within 15 days from the date of receiving the application. " Article 58 stipulates that "the employer shall register social insurance for employees within 30 days from the date of employment."

As can be seen from the above-mentioned legal provisions, social insurance registration is subject to territorial management, and the account opening and payment unit should be the "employer", that is, the employer that has established labor relations with workers. If the labor contract is signed with the company, social insurance should also be paid in the name of the company. At present, many companies entrust a third party to pay social security fees by using a third-party social security account, which is not in compliance with the law.

In some places, the act of entrusting to pay social security is regulated. For example, the Provisions of Changsha Municipality on Regulating Employers' Payment of Social Insurance, which was implemented on July 1 2065438, stipulates that "social insurance agencies shall provide social insurance agency agreement, power of attorney, business license of the entrusted unit and identity certificate of the legal representative when handling the registration of employers; The social insurance registration and social insurance premium declaration of the employees of the agency shall provide social insurance registration certificate, power of attorney, employee roster confirmed by the agency, accounting vouchers for salary payment and other materials. When handling social insurance affairs, social insurance agencies must abide by the relevant provisions of national laws and regulations on handling. When handling social insurance registration and reporting payment, employees of this institution shall not be registered in the name of employees of this institution. " As can be seen from the above documents, the employer can entrust an agency to pay social insurance in the name of the company (that is, the social security account is still a company account, which can be called "paying social security fees"), but it is explicitly forbidden to pay social security fees in the name of the agency account (at this time, the social security account is an agency account). The latter's social security payment behavior has impacted the national employment registration system to a certain extent (the actual employment unit is inconsistent with the registered employment unit), which is not advocated by the government. At present, Shanghai, Guangzhou and other places require the labor contract units to be consistent with the social security and individual tax payment units in the process of handling residence permit points and transferring households, which reflects the guidance of the government to some extent. Employees' interest demands for hukou will indirectly force enterprises to standardize social security payment behavior.

Therefore, the employer's entrusting a third party to pay social insurance does not conform to the current legal provisions, and there is also a huge administrative and arbitration litigation risk for the company itself.

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