Job Recruitment Website - Social security inquiry - Is it legal to link social security?
Is it legal to link social security?
Legal analysis: violation of relevant laws and regulations in China. Social security ownership refers to individuals who want to buy social security. For some reasons, there is no company to pay social security for them, so social security is affiliated with an institution that specializes in social security payment, and the institution buys social security for them. According to the relevant provisions of China's labor law and social insurance law, employers should pay social insurance for employees after establishing labor relations with them. However, in the form of social security, there is no labor relationship between individuals and agencies. China's law does not clearly stipulate whether it is illegal to call social security, but there are great legal risks in calling social security. Social security ownership refers to individuals who want to buy social security. For some reasons, there is no company to pay social security for them, so social security is affiliated with an institution that specializes in social security payment, and the institution buys social security for them. Generally, social security is purchased by employers for workers.
Legal basis: Article 10 of the Social Insurance Law of People's Republic of China (PRC) * * * Employees shall participate in the basic old-age insurance, and both employers and employees shall 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.
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