Can I continue to pay social security in prison?

Our country's law does not clearly stipulate that you can continue to pay social security in prison. According to judicial practice, it is impossible to continue to pay social security in prison. Social insurance refers to a social and economic system that provides income or compensation for people who lose their ability to work, are temporarily unemployed or suffer losses due to health reasons.

Legal analysis

You can't continue to pay social security in prison. The state implements a social insurance system to protect citizens' right to get material help from the state and society in accordance with the law in old age, illness, work injury, unemployment and childbirth. There are three ways to pay social security: 1, which is paid by the employer; 2. Individuals pay as flexible employees; 3. Pay rural endowment insurance. Because the above three methods are not applicable to prisoners, prisoners cannot pay social security by other means, so they cannot continue to pay social security in prison. According to the relevant laws and regulations of our country, if the insured person is sentenced to criminal detention, fixed-term imprisonment or life imprisonment, he will no longer pay social insurance premiums, and the payment period will not be counted. Social insurance refers to a social and economic system that provides income or compensation for people who lose their ability to work, are temporarily unemployed or suffer losses due to health reasons. If the insured is sentenced to fixed-term imprisonment with probation, and the employer fails to terminate the labor relationship with him during the probation period, the employer shall continue to pay social insurance premiums for him according to law. Those who are flexible employees during the probation period can continue to pay social insurance premiums as individuals.

legal ground

People's Republic of China (PRC) social insurance law

Article 2 The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, so as to guarantee citizens' right to receive material assistance from the state and society in accordance with the law in case of old age, illness, industrial injury, unemployment and maternity.

Tenth employees should participate in the basic old-age insurance, and employers and employees should 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.