Job Recruitment Website - Social security inquiry - An employee works in two companies, and one company buys social security.
An employee works in two companies, and one company buys social security.
First, establish labor relations and social security payment.
Workers and employers shall sign labor contracts and establish labor relations according to law. Employers are obliged to register social insurance for their employees and pay social insurance premiums in full every month.
Second, part-time or multiple labor relations.
If employees work in two companies, one of them is the main employer, which is responsible for handling social security for employees. If another company establishes part-time or labor relations with its employees, both parties shall sign relevant agreements to clarify their rights and obligations, but it does not involve social security payment.
Three. Legal liability and risk
Employees who work in two companies but only buy social security in one company may be involved in illegal acts such as evading payment of social security fees and face legal responsibility. At the same time, companies that have not purchased social security may also bear legal responsibility for violating the relevant provisions of the Labor Law.
Four. Compliance management suggestion
In order to avoid legal risks, it is suggested that employees and the two companies clarify the labor relationship or labor relationship respectively to ensure the compliance of social security payment. Employers should also abide by relevant laws and regulations, handle social security for employees and protect their rights and interests.
To sum up:
Employees who work in two companies and buy social security in one company may involve illegal risks. It is suggested that employees and employers clearly define labor relations or labor relations according to law, ensure the compliance of social security payment, and safeguard the rights and interests of both parties.
Legal basis:
Labor law of the people's Republic of China
Article 72 provides that:
Employers and workers must participate in social insurance and pay social insurance premiums according to law.
People's Republic of China (PRC) social insurance law
Article 58 provides that:
The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
People's Republic of China (PRC) labor contract law
Article 3 provides that:
The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation and good faith. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
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