Legal risks of paying medical insurance

Nowadays, many citizens who run their own businesses are used to looking for companies to rely on personnel relations, especially paying insurance to ensure their social welfare. The human resources department or financial department of an enterprise is often asked by the boss to ask friends to stay in the company and pay social security. Is there any legal risk for the unit to pay social security for others? Please follow Bianxiao. com. Whether the unit pays social security for others is a legal risk. From the perspective of employment management of employers, there are risks. Because the employer pays social insurance premiums to non-employees, it means that there is a superficial labor relationship with these people. These people have the "right" to ask the unit to pay wages and even ask for economic compensation, so the employer should be cautious. This kind of risk generally occurs when non-employees demand to confirm the existence of labor relations with the employer, and non-employees prove the existence of labor relations by providing social security payment records or social security payment vouchers. If the employer's awareness of prevention is not strong and the measures are not in place, it is easy for people to take advantage of the loopholes, thus separating their wives and children. The law does not clearly stipulate that it is illegal to pay social security. The Labor Law and the Social Insurance Law clearly stipulate that employers and their employees must participate in social insurance. Although the Social Insurance Law forces employers to pay social security fees for employees, which is a mandatory obligation of employers, it does not prohibit employers from paying social security fees 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. Secondly, it is reasonable for employers to pay social security fees for employees who are not in their own units, which is conducive to realizing the social security rights and interests of some employees. Insured people can't participate in insurance in their workplace due to household registration restrictions, and their participation as individuals is also restricted by many conditions. Joining affiliated units 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. Third, it cannot 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 does the social security department prove that there is no labor relationship? Even if labor relations can be denied, faced with thousands of insured persons, it is impossible for grassroots social security agencies to identify which employees are and which are not. The current social security laws and regulations do not explicitly prohibit this behavior. According to the general principle of administrative law, that is, "it is forbidden if there is no law", therefore, the social security department has no right to investigate and deal with it in reality. Therefore, paying social security is not explicitly prohibited by our laws. According to the provisions of the Notice on Establishing Labor Relations issued by the former Ministry of Labor and Social Security (No.[2005] 12 of the Ministry of Labor and Social Security) and related judicial practice, whether labor relations are established or exist is generally considered from the following aspects: (1) The employer and the employee meet the subjective 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 employer pays social security for non-employees, it should be recognized that there is no labor contract relationship between the two parties in the legal sense, and there is a legal relationship between the two parties to entrust the payment of insurance according to the specific circumstances. In short, there are still great legal risks for enterprises to pay social security for non-employees Enterprises should improve relevant rules and regulations, abide by the agreement of entrusting to pay social security, and avoid being used by others and causing unnecessary losses. Readers who need legal help are welcome to go online for legal consultation.