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Is it legal for non-staff personnel in public institutions to pay the minimum enterprise social security?
We all know that the social insurance law can protect our social security rights, but some people don't pay social security. First, does the social insurance law apply to public institutions? First, the basic old-age insurance system and the basic medical insurance system cover all urban and rural residents in China. That is, employers and their employees should participate in the basic old-age insurance and basic medical insurance for employees; Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employer and other flexible employees can participate in the basic old-age insurance and basic medical insurance for employees; Rural residents can participate in the new rural social endowment insurance and the new rural cooperative medical care; Unemployed urban residents can participate in social endowment insurance and basic medical insurance for urban residents; Rural residents who work in cities participate in social insurance in accordance with the provisions of this law; The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council. Second, the industrial injury insurance, unemployment insurance and maternity insurance systems cover all employers and their employees. Third, according to the regulations of the State Council, the landless farmers should be included in the corresponding social insurance system. Land-expropriated farmers who are employed by employers should participate in all five social insurances. Those who are unemployed and become urban residents can participate in social endowment insurance and basic medical insurance for urban residents, and those who continue to retain their status as rural residents can participate in new rural social endowment insurance and new rural cooperative medical care. Fourthly, foreigners employed in China should also participate in social insurance in China according to the provisions of this Law. As can be seen from the above, the social insurance law applies to public institutions. At present, in addition to civil servants in administrative units and civil servants in institutions managed by reference to civil servants, personnel in other institutions and enterprises should participate in social insurance according to law. 2. What is the purpose of the Social Insurance Law 1? This is an important measure to thoroughly implement Scientific Outlook on Development and build a harmonious socialist society. The Social Insurance Law transforms the major decisions and strategic arrangements of the CPC Central Committee to establish and improve the social security system into a basic and stable national legal system, which will certainly play an important role in safeguarding and promoting the building of a harmonious socialist society and the long-term stability of the country. 2. Bring the development of social insurance system in China into legal system. The Social Insurance Law regulates the social insurance relationship, strengthens the government's responsibility, and determines the legal responsibilities of all social insurance parties, making the social insurance system more stable and standardized. In particular, to implement the social insurance law, a series of laws and regulations should be formulated to promote the legalization of social insurance to enter a new stage of all-round development. 3. It provides a further legal guarantee for promoting the scientific development of human resources and social security. The Social Insurance Law has established a broad-coverage, basic, multi-level and sustainable social insurance system, which legally breaks down the institutional obstacles that hinder the free flow of all kinds of talents between regions and between urban and rural areas, and is conducive to the formation and development of a unified and standardized human resources market; The Social Insurance Law further standardizes and clarifies the social insurance rights and obligations between workers and employers, which is conducive to promoting the stability and harmony of labor relations. The promulgation of the Social Insurance Law, together with the previously promulgated Labor Law, Civil Servant Law, Labor Contract Law, Employment Promotion Law and Labor Dispute Mediation and Arbitration Law, constitutes a complete top-level structure of China's human resources social security legal system, which is of great significance to promoting the scientific development of human resources social security on the track of rule of law. Three. How does the Social Insurance Law stipulate maternity insurance? Article 54 of the Social Insurance Law of People's Republic of China (PRC) has paid maternity insurance premiums, and its employees enjoy maternity insurance benefits; Unemployed spouses of employees enjoy maternity medical expenses in accordance with state regulations. The required funds are paid from the maternity insurance fund. Maternity insurance benefits include maternity medical expenses and maternity allowance. Article 55 Maternity medical expenses include the following items: (1) Maternity medical expenses; (two) family planning medical expenses; (3) Other project expenses stipulated by laws and regulations. Article 56 Employees may enjoy maternity allowance in accordance with state regulations under any of the following circumstances: (1) Female employees enjoy maternity leave when giving birth; (2) enjoy family planning surgery leave; (3) Other circumstances stipulated by laws and regulations. Maternity allowance is calculated and paid according to the average monthly salary of employees in the previous year of the employer. To sum up, the social insurance law applies to the supernumerary personnel of public institutions. If you are an employee, please check the local policy. Some places require local institutions to participate in social security, which is applicable.
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