Is it illegal to buy social security on your behalf?

It is illegal to pay social security, and there may be a serious risk of imprisonment.

1, labor law and social insurance law all specify that employers and their employees must participate in social insurance. Although the Social Insurance Law forces employers to pay social insurance premiums for employees, which is the compulsory obligation of employers, it does not prohibit employers from paying social insurance premiums for employees who are not in their own units. This behavior does not harm the interests of the state and the third party. Workers and enterprises create conditions that meet the requirements of paying social insurance premiums and do not harm the interests of others.

2. Secondly, it is reasonable for employers to pay social security fees for non-unit employees, which is conducive to the realization of social security rights and interests of some employees. Insured employees are unable to participate in the workplace due to household registration restrictions and other reasons, and their personal insurance is also restricted by many conditions. Participating in affiliated companies is the only way to realize social security rights and interests. If the law prohibits the unit from participating in insurance for non-unit employees, this only way will be blocked, and the insured will not be able to participate in insurance, and their social security rights and interests will not be realized, which is not conducive to social harmony and stability.

Thirdly, in fact, it can't be banned. From the practical level, if this behavior is defined as illegal, the social insurance department should investigate and deal with it and not allow it to participate in the insurance. How can the social security department prove that there is no labor relationship, even if it can deny labor relations, facing thousands of insured people?

Legal basis: Article 57 of the Social Insurance Law of People's Republic of China (PRC), the employing unit shall, within 30 days from 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, within fifteen days from the date of receiving the application, examine and issue the social insurance registration certificate.

Where the social insurance registration items of the employing unit are changed or the employing unit is terminated according to law, it shall, within 30 days from the date of change or termination, go to the social insurance agency to handle the change or cancellation of social insurance registration.

The market supervision and management department, the civil affairs department and the organization management organ shall promptly inform the social insurance agency of the establishment and termination of the employing unit, and the public security organ shall promptly inform the social insurance agency of the birth, death, household registration, migration and cancellation of the individual.