Shanghai social security payment agency?

According to Article 57 of the Social Insurance Law, "An employer shall, within thirty days from the date of its establishment, apply to the local social insurance agency for social insurance registration on the basis of its business license, certificate of registration, or unit seal. The social insurance agency shall examine and approve the application within fifteen days from the date of receipt of the application and issue the social insurance registration document." Article 58 stipulates, "An employer shall apply for social insurance registration for its employees with the social insurance administration agency within thirty days from the date of employment."

From the above legal provisions, it can be seen that the registration of social insurance is subject to local management, and the unit that opens the account and pays the contributions should be the "employer", i.e., the one that establishes the labor relationship with the workers. If the labor contract is signed with the company, the social insurance should also be paid in the name of the company. Currently, many companies entrust a third party and use the third party's social security account to make social security contributions, which is not in accordance with the law.

Some places have regulated the act of entrusting the payment of social security, such as Changsha, which was implemented on July 1, 2013, and which stipulates that "the social insurance agent shall provide the social insurance agent agreement, authorization letter, business license and legal representative ID card of the unit to be acted on behalf of the employer to participate in the registration of social insurance. The social insurance registration and declaration of social insurance premiums on behalf of employees shall provide the social insurance registration documents of the unit being represented, the letter of authorization, and information such as the employee roster and accounting vouchers for salary payment confirmed by the unit being represented. The social insurance agency must comply with the provisions of national laws and regulations on agency, and shall not register the employees of the agency in the name of the employees of the agency when the agency handles the registration of social insurance and declaration of social insurance contributions." From the above document, it can be seen that the employer can entrust the agent company to pay social insurance in the name of the company (i.e., the social security account is still the company's account, which can be called "proxy social security contributions"), but it is explicitly prohibited to pay social security contributions in the name of the agent company's account (at this time, the social security account is the agent company's account). To a certain extent, the latter's social security payment behavior impacts the national labor registration system (the actual employer and the registered employer are not the same) and is not advocated by the government. Currently, many places such as Shanghai and Guangzhou require that the labor contract unit must be the same as the social security and personal tax contribution unit in the process of applying for residence permit points and residence transfer for foreign employees, which to some extent reflects the government's orientation. The employees' interest in household registration will also indirectly force enterprises to regulate social insurance payment behavior.

Therefore, entrusting a third party to pay social insurance is not in line with the current legal provisions, and carries great administrative and arbitration litigation risks for the company itself.

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