Is it legal for social security to be affiliated with the company?

Legal analysis: This practice is not illegal.

Whether social security payment is legal or not depends on the situation. There is a kind of social security ownership that is legal and reasonable. For example, foreign companies sign labor contracts with employees, but social insurance is not paid by actual employers, but must be paid by human resources companies. At this time, the foreign enterprise signed a contract with the human resources company, stipulating that the latter should pay social insurance for the employees of the former unit, which can be called "paying social insurance has no labor relationship, but it is established by the tourism unit of ICBC and the professional labor dispatch company".

The other method is unreasonable, but not illegal. It often happens to migrant workers and freelancers, and social security payment becomes a problem because the units of these two groups are not fixed. Moreover, in many places, there are restrictions on individuals who do not have local hukou to pay social security. For example, workers who have worked continuously in Hangzhou for ten years can pay social insurance in their personal capacity. It can be seen that this is the imperfection of social insurance policy, which leads to the situation that foreigners find units linked to social security.

Legal basis: the full text of People's Republic of China (PRC) Social Insurance Law.

Article 57 An employing unit shall, within 30 days from the date of its establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The social insurance agency shall, within fifteen days from the date of receiving the application, examine and issue the social insurance registration certificate.

Where the social insurance registration items of the employing unit are changed or the employing unit is terminated according to law, it shall, within 30 days from the date of change or termination, go to the social insurance agency to handle the change or cancellation of social insurance registration.

The market supervision and management department, the civil affairs department and the organization management organ shall promptly notify the social insurance agency of the establishment and termination of the employing unit, and the public security organ shall promptly notify the social insurance agency of the birth, death, household registration, migration and cancellation of an individual.