Is it illegal for enterprises to pay social security?

In violation of the law, the problems existing in social security withholding mainly include the following two aspects:

1, violating relevant laws and regulations.

According to the provisions of the Social Insurance Law of People's Republic of China (PRC), enterprises should pay social insurance premiums for employees in full and on time. The way of social security payment is to evade the obligation of social security payment to a great extent through false affiliation in form, which is actually an obvious illegal act.

2. Have a negative impact on employees' rights and interests.

Relying on the payment method can reduce the cost of enterprises, but it brings hidden dangers to the social security rights and interests of employees. Because the payment of social security is insufficient or ineffective, once employees have various risks, such as work-related injuries and diseases, it may be quite difficult because of the lack of social security.

The function of social security card

1, personal social security related information records, electronic certificates and information inquiry, etc. ;

2. Record the insured's name, ID number, date of birth, gender, nationality, household registration and other basic information;

3, query my pension, unemployment, medical care, work injury and maternity insurance payment;

4. You can take the card to the hospital to see a doctor, settle the medical insurance personal account, and buy medicine at the pharmacy;

5 for medical care, unemployment, pension, work injury, maternity and other social security affairs;

6. Query the total amount of endowment insurance and medical insurance;

7. Handle social security affairs such as receiving pensions, registering for job hunting and unemployment, applying for unemployment insurance benefits, and vocational training.

8. Used for identification.

To sum up, the two sides did not establish a real labor relationship when the enterprise paid social security, and they were actually suspected of breaking the law.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 58

The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration. The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.