Is social security payment legal?

If it is illegal, the social insurance registration shall be subject to territorial management, and the account opening and payment unit shall be the "employing unit", that is, the employing unit that has established labor relations with 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.

Legal basis:

According to Article 57 of the Social Insurance Law, "the 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 review and issue the social insurance registration certificate within 15 days from the date of receiving the application. " Article 58 stipulates that "the employer shall register social insurance for employees within 30 days from the date of employment."

Extended data:

In reality, it is very common for employers to entrust a third party to pay social insurance for employees through third-party accounts for the following reasons:

(A) the need for employers to transfer payment places to reduce labor costs.

At present, the base of social security contributions in various places is linked to the average wage of local society. For example, the average social wage in economically developed areas such as Beishangguangshen and Shenzhen is higher than that in economically backward areas.

(2) The actual demand for employment in different places.

If you have a job in a different place and have no local branch, you can't pay social security locally. Workers who are employed locally often strongly demand to be insured locally.

(3) Entrust the payment of social security to other human resources companies, which is convenient for saving human management resources.

Baidu Encyclopedia-People's Republic of China (PRC) Social Insurance Law