Can a branch open an account and pay social security?

Branches can't pay social security. Branches belong to the branches of the head office, do not have independent legal personality, and cannot pay social insurance for employees independently. Branches can pay social security for their employees at the place where the head office is registered, or they can buy their own social security fees for their employees.

Branch refers to the branch under the jurisdiction of the company, and refers to the organization established by the company outside its residence to engage in activities in its own name. The branch company does not have the qualification of enterprise legal person, and its civil liability shall be borne by the head office. Although there is the word company, it is not a real company and has no articles of association. The company name can only add the word "branch" after the name of the head office. Social Security For registered companies, as long as employees have labor relations with enterprises, they should apply for social insurance for employees.

There are two main ways to buy social security:

1. Employees apply for social security by themselves. The company does not provide social security for employees, but pays social security fees to employees, and employees buy social security themselves. The amount of social security contributions can be calculated according to the minimum amount required by local individuals to apply for social security, or according to the minimum amount that local legal persons should pay for employees to apply for social security. Handling social security requires employees to solve it themselves, not to mention the complicated process. It is impossible to guarantee employees' self-consciousness of paying social security, and it is easy to bring unnecessary trouble to enterprises.

2. It is completely legal to apply for social security in the place where the head office is registered, and there is no legal risk. However, when employees leave or retire, pension insurance can only transfer individual contributions, and unit contributions cannot be transferred; Medical insurance can be registered in different places in some places, but if you go to the hospital in B, A's social security reimbursement procedures are troublesome and take a long time, so you can't enjoy community medical care, and there will be a certain proportion of hospitalization reimbursement.

legal ground

"Regulations on the Implementation of the Labor Contract Law" Article 4 A branch established by an employer as stipulated in the Labor Contract Law may conclude a labor contract with employees as an employer if it has obtained a business license or registration certificate according to law;

If a business license or registration certificate is not obtained according to law, the employer may conclude a labor contract with the employee.

Article 14 of the Company Law A company may set up branches. The establishment of a branch company shall apply to the company registration authority for registration and obtain a business license. A branch company does not have legal person status, and its civil liability shall be borne by the company. A company may set up subsidiaries, which have legal personality and independently bear civil liabilities according to law.