Is it legal for human resources to pay social security?

It is illegal for human resources companies to pay social security.

It is illegal to pay social security, and there may be a serious risk of imprisonment. According to the regulations, employees must sign a labor contract with the employer and establish a labor relationship before they can pay social insurance through the unit. If the two parties have not established a labor contract relationship, they are not allowed to pay social security through affiliated institutions. Social security, also known as social insurance, refers to a social and economic system that provides income or compensation for people who are unable to work, temporarily unemployed or suffer losses due to health reasons. The main items of social insurance include endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance.

Social security card replacement conditions:

1. If the social security card is lost, stolen or damaged, I must report the loss and replace it with my ID card (or household registration book) at various social security agencies nearby;

2. When the original medical insurance IC card is exchanged for the social security card, a color photo of 1 inch must be provided (subject to the photo of the second-generation ID card);

3. If you entrust others to handle the case, you must bring the ID card (or household registration book) of the client and agent;

4. The expenses incurred during the loss or damage of the social security card shall be audited, liquidated and exchanged for the recent medical expenses. Social security card replacement fee 25 yuan.

To sum up, if the employer has gone through the social security formalities for the employee, but the employer fails to pay the social insurance premium for the employee according to the regulations, the social management department can impose it according to law regardless of whether the social insurance premium is unpaid or refused to pay.

Legal basis:

Article 60 of People's Republic of China (PRC) Social Insurance Law

The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis. Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.

Article 72

Set up social insurance agencies in the overall planning area. According to the needs of the work, with the approval of the local social insurance administrative department and the organization management organ, the social insurance agency may set up branches and service outlets in this overall planning area. The personnel expenses of social insurance agencies and the basic operating expenses and management expenses incurred in handling social insurance shall be guaranteed by the finance at the same level in accordance with state regulations.

Article 74

The social insurance agency shall obtain the data needed for social insurance work through business handling, statistics and investigation, and the relevant units and individuals shall provide it in a timely and truthful manner. The social insurance agency shall establish a file for the employer in a timely manner, completely and accurately record the social insurance data such as personnel's participation in social insurance and payment, and properly keep the original vouchers for registration and declaration and accounting vouchers for payment and settlement. The social insurance agency shall timely, completely and accurately record the individual's personal rights and interests such as social insurance payment, employer's payment and social insurance benefits, and regularly send the personal rights and interests records to me free of charge. Employers and individuals can inquire and check their payment records and enjoy social insurance benefits from social insurance agencies free of charge, and ask social insurance to provide social insurance consulting and other related services.