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Do foreigners need to pay social security when they work in China?
In order to safeguard the legitimate rights and interests of foreigners employed in China to participate in social insurance and enjoy social insurance benefits according to law, and strengthen social insurance management, according to the Social Insurance Law of People's Republic of China (PRC), the Interim Measures for Foreigners Employed in China to Participate in Social Insurance was formulated, which was deliberated and adopted at the 67th ministerial meeting in Ministry of Human Resources and Social Security and reported to the State Council for approval. Since 20 1 165438. This means that employers should also pay social insurance for foreigners employed in China in accordance with the provisions of the Interim Measures.
The meaning of foreigners' employment in China.
Foreigners employed in China refer to those who have obtained employment certificates such as Alien Employment Certificate, Foreign Expert Certificate, Foreign Resident Journalist Certificate and Alien Residence Certificate according to law, and those who hold Alien Permanent Residence Certificate and are legally employed in China.
Second, the scope of units that need to pay social insurance for foreigners
1. Foreigners recruited by enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations (hereinafter referred to as employers) registered in China shall participate in basic old-age insurance, basic medical insurance for employees, work-related injury insurance, unemployment insurance and maternity insurance according to law, and the employers and themselves shall pay social insurance premiums according to regulations.
2. Foreigners sent to work in branches and representative offices registered in China (hereinafter referred to as domestic work units) shall participate in basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance according to law after concluding labor contracts with overseas employers, and domestic work units and themselves shall pay social insurance premiums in accordance with regulations.
Three. Time limit for handling social insurance
Where an employing unit recruits foreigners, it shall handle social insurance registration for them within 30 days from the date of obtaining the employment permit.
Fourth, it is used to pay social insurance.
1. Foreigners who participate in social insurance shall enjoy social insurance benefits according to law if they meet the requirements.
2. Those who leave the country before reaching the required pension age will have their social insurance personal accounts retained, and those who come to China for employment again will have their payment years accumulated; If I apply in writing to terminate the social insurance relationship, I can also pay the amount of personal social insurance account in one lump sum.
3. If a foreigner dies, the balance of his personal social insurance account can be inherited according to law.
Five, the employer fails to pay social insurance foreigners' rights relief
Foreigners who have participated in social insurance in accordance with the law may apply for mediation, arbitration or bring a lawsuit in accordance with the law if there is a dispute with the employer or the domestic work unit. If an employer or a domestic work unit infringes upon its social insurance rights and interests, foreigners may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law.
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