Job Recruitment Website - Social security inquiry - Will individuals who make social security contributions be held legally liable?
Will individuals who make social security contributions be held legally liable?
Payment of social security is an illegal act, the serious behavior of the risk of imprisonment. Nowadays, you need to be careful when paying for social security, the law has been characterized as an illegal act of paying for social security. The first thing you need to do is to get your hands on a new one, and you'll be able to do that. We all know that social security interruption is a trouble, many preferential policies linked to social security, buy a house, buy a car, children's enrollment will also be hindered. So when you leave your job, many people choose to find an intermediary to pay for social security. In particular, some non-local household registration of freelancers, subject to the restrictions of household registration, can not pay social security in the name of the individual, can only find the agent dependent social security. However, it is now illegal to rely on an agent to pay for social security. Social security payment, originally is to play the policy of the ball. According to the Social Insurance Law, an employee must sign a labor contract and have a labor relationship with the employer in order to pay social insurance through the employer. If the two parties have not established a labor contract relationship, but only through the proxy company to pay social security, is a fraudulent behavior, is not allowed. There are many risks associated with paying social security on behalf of a company. For example, there are policy risks, reputation risks and utilization risks. The policy risk means that the employee and the employer of the dependent agent do not have a real labor relationship, and when declaring the social insurance benefits to the social security agency, it will be recognized as a fraudulent act, and a fine of at least two times and not more than five times the amount of the fraud will be imposed. Credit risk means that, due to the above policy reasons, the agency contract signed with the social security agency is not protected by law. The use of risk means that, linked to the policy risk, once the social security is found to be paid on behalf of the fraudulent insurance, some of the insurance involved in the reimbursement of insurance, the insurance sector will not be compensated.
Legal Objective:Article 58 of the Social Insurance Law of the People's Republic of China*** and the State of China An employer shall, within thirty days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If it fails to register for social insurance, the social insurance agency shall approve the social insurance premiums to be paid. Individual industrial and commercial households without employees who voluntarily participate in social insurance, part-time employees who do not participate in social insurance with their employers, and other flexibly employed persons shall apply to the social insurance agency for social insurance registration. Article 60 of the Social Insurance Law of the People's Republic of China Employers shall declare and pay social insurance premiums on their own, in full and on time, and shall not defer or reduce payment except for force majeure or other legal reasons. The social insurance premiums to be paid by employees shall be withheld and paid by the employer on behalf of the employees, and the employer shall inform the employees of the details of the social insurance premiums paid on a monthly basis. Individual entrepreneurs without employees, part-time workers who do not participate in social insurance with their employers, and other flexibly employed persons may pay social insurance premiums directly to the social insurance premium collection organization.
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