Labor relations and social security are not in the same unit

Legal analysis: 1. Reasons for the rapid development of the company's business

At present, the business of many enterprises is developing rapidly. The whole country expands its market and its business develops to a certain city. The company hasn't opened an account yet, but the business development definitely needs personnel. The problem of social security payment will definitely occur in the employment of enterprises, and it will be paid through third-party institutions to meet the needs of employees and company development.

The law does not stipulate whether it is ok for a third party to pay social security. At present, different cities have different views on this matter, and it is also the general trend to make clear legislation on foreign agency services.

2. The reasons why individuals require to pay social security.

Enterprises generally pay social security for employees at the construction site, but some employees require enterprises to pay social security in their hometown and retire to their hometown later, and do not want to pay in non-registered places. Some enterprises will agree after receiving the employee's application, which will also cause the labor contract to be inconsistent with the social security subject.

At present, China's social security system is not connected to the whole country, and employees will think that it is useless to pay social security in other places. Actually, it is not. No matter where you pay, you can do social security transfer, pay in a region for 10 years or more, or you can choose to retire in this region.

3. Reasons for linking social security with various policies

Most first-and second-tier cities in China have introduced a number of non-local hukou policies.

Legal basis: Article 17 of the Regulations on Work-related Injury Insurance, if an employee suffers from an accident injury or is diagnosed and identified as an occupational disease according to the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease, submit an application for work-related injury identification to the social insurance administrative department in the overall planning area.

If the employing unit fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the employees with work-related injuries or their immediate family members and trade unions may apply for work-related injury identification directly to the administrative department of labor and social security in the area where the employing unit is located within 1 year from the date of accident injury or occupational disease diagnosis and identification.