Is it illegal for affiliated companies to pay social security?

1, affiliated companies pay social security, and the law does not clearly stipulate that "affiliated" payment of social security is illegal. 2. Is there a labor relationship between the employer and others? 3. The legal risk of employers paying social security for non-employees. 4. Precautions for employers to pay social security for non-employees.

1. Is it legal to pay social security for affiliated companies?

The law does not clearly stipulate that it is illegal to "affiliate" a company 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.

Therefore, paying social security is not explicitly prohibited by our laws.

Two, about the relationship between the unit and others only pay social security, whether it can be considered that there is a labor relationship.

According to the relevant provisions of the Labor Contract Law, the employer establishes labor relations with the laborer from the date of employment. In other words, the establishment of labor relations is not based on the signing of written labor contracts, but on the existence of actual employment behavior.

Handling employment registration procedures and paying social insurance premiums on behalf of others is only a reference factor, not a decisive factor, so it is not appropriate to easily determine that there is a labor relationship between the two parties through examination, but it does not have the essential characteristics of labor relations.

Whether labor relations are established or exist is generally considered from the following aspects:

(1) The employer and the employee meet the subject 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.

Three. Matters needing attention for the company to pay social security.

If the employer pays social security for non-employees, it shall be applied by himself, and the company shall sign a social security payment agreement with him. The agreement stipulates the way of entrusting social security payment and the written notice time of stopping insurance. If the payment deadline of the company fails, the company will automatically stop insurance for him. This agreement must be signed in person in front of company personnel or financial personnel. This agreement shall not be signed by others or withdrawn under any pretext. In this way, it can be avoided that when a dispute occurs, the affiliated payer denies signing the entrustment agreement and the authenticity of the signature, thus causing legal disputes.

As can be seen from the above, although it is not illegal for affiliated companies to pay social security, and in fact a considerable number of enterprises are paying social security for non-employees, there are still great legal risks for affiliated companies to pay social security for both enterprises and individuals. As an enterprise, we should improve the relevant rules and regulations, save the agreement on entrusted payment of social security, and avoid being used and causing unnecessary losses.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 88 of the Social Insurance Law.

Whoever defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and a fine of not less than two times but not more than five times the amount defrauded shall be imposed.