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Is it necessary to pay social security
Legal analysis: Social insurance is compulsory by the state and must be paid.
Legal basis: The Social Insurance Law of the People's Republic of China
Article 58 An employer shall, within thirty days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the employer fails to register for social insurance, the social insurance administration organization shall approve the social insurance premiums to be paid by the employer.
Individual industrial and commercial households without employees who voluntarily participate in social insurance, part-time employees who do not participate in social insurance with their employers, and other flexibly employed persons shall apply to the social insurance administrative organization for social insurance registration.
The State establishes a nationally unified individual social security number. Individual social security numbers are citizens' identity numbers.
Article 60 An employer shall declare and pay social insurance premiums in full and on time, and shall not suspend or reduce payment except for force majeure or other legal reasons. The social insurance premiums to be paid by employees shall be withheld and paid by the employer on behalf of the employee, and the employer shall inform the employee of the details of the payment of social insurance premiums on a monthly basis.
Individual industrial and commercial households without employees, part-time workers who do not participate in social insurance with their employers, and other flexibly employed persons may pay social insurance premiums directly to the social insurance premium collection organization.
Article 86 If an employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums within a certain period of time or to make up the full amount of social insurance premiums, and shall impose a late fee of five ten thousandths of one percent of the total amount of social insurance premiums on the employer on a daily basis from the date of non-payment; and in case of failure to pay the premiums after the expiration of a certain period of time, a fine not less than double and not more than triple the amount of the unpaid social insurance premiums shall be imposed by the relevant administrative department.
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