Job Recruitment Website - Social security inquiry - Is the social security contract signed by an individual in a human resources company legal?
Is the social security contract signed by an individual in a human resources company legal?
Legal analysis: illegal, social insurance registration is subject to territorial management. The account opening and payment unit should be the "employer", that is, the employer that establishes labor relations with the workers. If the labor contract is signed with the company, social insurance should also be paid in the name of the company. At present, many companies entrust a third party to pay social security fees by using a third-party social security account, which is not in compliance with the law. China clearly stipulates that collecting social insurance premiums is the responsibility of social management departments, and employers must handle social insurance for workers according to law. If the employer has gone through the social security formalities for the employee, but the employer fails to pay the social insurance premium for the employee according to the regulations, regardless of whether the social insurance premium is unpaid or refused to be paid, the social management department can force the collection according to law.
Legal basis: 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.
Article 58 An employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees.
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