Job Recruitment Website - Social security inquiry - My friend recommended me to pay five insurances and one gold on phalanx gold insurance network. Is it legal to pay social security?
My friend recommended me to pay five insurances and one gold on phalanx gold insurance network. Is it legal to pay social security?
Recently, a new business appeared on the online shopping platform: paying social insurance premiums. According to the merchants, as long as you pay an intermediary fee of tens of yuan every month, there will be online shop merchants to help you pay social security fees without leaving home, and even help customers who don't have a work unit to call the company. In this regard, Ministry of Human Resources and Social Security made it clear that it is illegal for both parties to pay social security fees through affiliated agencies instead of establishing a labor contract relationship. The labor law stipulates that individuals must work in the unit, and then the unit helps to participate in the insurance, so it is against the labor law to pay social insurance premiums online.
Extended data:
Paying social security does not mean having a labor relationship.
In reality, it sometimes happens that the employer pays social security, but it does not constitute a labor relationship with the laborer. In fact, it mainly depends on whether the laborer has accepted the labor management of the employer and engaged in the labor arranged by the employer, and whether the employer has paid the corresponding labor remuneration. In the Notice on Matters Related to the Establishment of Labor Relations (Ministry of Labor and Social Affairs [2005]12), it is stipulated that an employer does not conclude a written labor contract, but at the same time, a labor relationship is established under the following circumstances.
(a) the employer and the employee meet the subject qualifications stipulated by laws and regulations;
(2) Laborers accept the labor management of the employing unit and engage in paid labor arranged by the employing unit, and the labor rules and regulations formulated by the employing unit according to law shall apply;
(3) The labor provided by laborers is an integral part of the employer's business. Therefore, if the relationship between workers and employers does not have the above characteristics, then even if social security is paid, it cannot be considered as a labor relationship.
It should also be noted that there are other special circumstances, even if the two sides have established labor relations, it may be reasonable not to pay social security. For example, for part-time employment, the hourly wage paid by the employer for the laborer already includes the normal salary and the expenses of basic endowment insurance and basic medical insurance, and the employer does not need to pay the endowment insurance and medical insurance to the social insurance institution separately for the laborer.
At the same time, however, Article 12 of the Opinions on Some Issues Concerning Part-time Employment stipulates that the employer shall pay work-related injury insurance premiums for part-time workers who establish labor relations in accordance with relevant state regulations. Although employers may not pay social security for other types of insurance, they need to pay work-related injury insurance for part-time employees.
National Bureau of Statistics-the State Council responds to concerns | Online shop illegally pays social security, children.
Shenzhen Longgang District Federation of Trade Unions-How much do you know about the tricks in social security payment?
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