What are the risks of hanging a social security company?

I. Legal risks related to social security are as follows:

The legal risks related to social security are:

1. Once the social security outsourcing and social security attribution are deemed invalid, the enterprise will not only be unable to transfer the employment risk, but also have legal consequences that all the expenses of social insurance benefits that employees should enjoy will be borne by the enterprise because they have not established a legal social insurance relationship for their employees. Although the Social Insurance Law forces employers to pay social security fees for employees, which is a mandatory obligation of employers, it does not prohibit employers from paying social security fees for employees who are not in their own units. This behavior does not harm the interests of the state and the third party. Workers and enterprises create conditions that meet the requirements of paying social insurance premiums and do not harm the interests of others.

2. It is reasonable for the employer to pay social security fees for employees who are not in the unit, which is conducive to realizing the social security rights and interests of some employees. Insured people can't participate in insurance in their workplace due to household registration restrictions, and their participation as individuals is also restricted by many conditions. Joining affiliated units is the only way to realize social security rights and interests. If the law prohibits the unit from participating in insurance for non-unit employees, this only way will be blocked, and the insured will not be able to participate in insurance, and their social security rights and interests will not be realized, which is not conducive to social harmony and stability.

3. Actually, it can't be banned. From the practical level, if this behavior is defined as illegal, the social insurance department should investigate and deal with it and not allow it to participate in the insurance. How does the social security department prove that there is no labor relationship? Even if we can deny labor relations, faced with thousands of insured persons, grassroots social security institutions have to identify which employees are and which are not employees. This kind of work is impossible. The current social security laws and regulations do not explicitly prohibit this behavior. According to the general principle of administrative law, that is, "it is forbidden if there is no law", therefore, the social security department has no right to investigate and deal with it in reality.

Therefore, paying social security is not explicitly prohibited by law.

2. What kinds of social insurance are there?

1, endowment insurance

Endowment insurance is a social insurance system in which workers get certain economic compensation, material help and services from the government and society after reaching the legal retirement age. State-owned enterprises, collective enterprises, foreign-invested enterprises, private enterprises and other urban enterprises and their employees, institutions and their employees who implement enterprise management must participate in the basic old-age insurance.

The contribution rate of new insured units (referring to various enterprises) is 10%, and the individual contribution rate is 8%. Individual industrial and commercial households and their employees, flexible employees and other personnel who are insured in the form of individuals have different rates according to the payment period. Individual workers who participate in the basic old-age insurance, the payment base can be high or low within the prescribed scope, and more contributions will benefit more. To receive a monthly pension, employees must reach the statutory retirement age and have gone through retirement procedures; Units and individuals have participated in the old-age insurance according to law and fulfilled the obligation to pay the old-age insurance; Personal payment must be at least 15 years.

2. Medical insurance

The basic medical insurance system for urban employees is a social security system based on the affordability of finance, enterprises and individuals to ensure the basic medical needs of employees.

All employers, including enterprises (state-owned enterprises, collective enterprises, foreign-invested enterprises and private enterprises, etc. ), organs, institutions, social organizations, private non-enterprise units and their employees must participate in the basic medical insurance. The basic medical insurance fund for urban workers consists of the basic medical insurance social pooling fund and individual accounts.

The basic medical insurance premium consists of the employer and the employee's personal account. The basic medical insurance premium is paid by both the employer and the employee, of which, the employer pays 8% and the individual pays 2%. Part of the medical insurance premium paid by the employer is used to establish a social pooling fund for basic medical insurance, which is mainly used to pay for hospitalization, outpatient service for special chronic diseases, rescue and first aid expenses of insured employees.

Personal account funds are mainly used to pay the expenses of the insured for medical treatment and drug purchase in designated medical institutions and retail pharmacies. The part of the personal account that is exhausted or insufficient is paid by the insured in cash, and the personal account can be carried forward and inherited according to law. Insured employees are hospitalized due to illness, first pay the hospitalization deductible line, and then enter the overall fund and individual employee payment period.

3. Work injury insurance

Industrial injury insurance is also called occupational injury insurance. After a worker suffers from accidental injuries due to work or occupational diseases due to exposure to occupational hazards such as dust, radiation and toxic substances, the state and society shall provide necessary material assistance to the disabled and the relatives of the deceased.

Work-related injury insurance premiums are paid by employers, and the collection rate of work-related injury insurance premiums in industries with high incidence of work-related injuries is higher than the general standard. On the one hand, it is to ensure that the industrial injury insurance fund can fully pay the industrial injury insurance benefits of employees in these industries. On the other hand, through the collection of high rates, enterprises can have a sense of risk, strengthen the prevention of work-related injuries and reduce the casualty rate.

4. Unemployment insurance

Unemployment insurance is a system enforced by the state through legislation and set up by the society to provide material assistance to workers who have temporarily interrupted their livelihood due to unemployment.

5. Maternity insurance

Maternity insurance is aimed at the physiological characteristics of fertility behavior. According to the law, when working women temporarily stop working and lose their normal income due to childbirth, the state or society provides them with material help. Maternity insurance benefits include maternity allowance and maternity medical services.

Legal basis:

Article 27 of the Regulations for the Implementation of the Social Insurance Law

Twenty-seventh employees and employers have social insurance disputes, they can apply for mediation and arbitration and bring a lawsuit in accordance with the "People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law" and the "Rules for the Arbitration and Handling of Labor and Personnel Disputes".

If an employee thinks that the employer fails to pay social insurance premiums in full and on time and infringes on his social insurance rights and interests, he may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law. The administrative department of social insurance or the collection agency of social insurance premiums shall handle it in accordance with the relevant provisions of the Social Insurance Law and the Regulations on Labor Security Supervision. In the process of handling, if the employer raises an objection to the labor relationship between the two parties, the social insurance administrative department shall continue to handle it after finding out the relevant facts according to law.