Is it illegal for the company to entrust a third party to pay social security?

Legal Analysis: Article 4 of People's Republic of China (PRC) Social Insurance Law stipulates that employers and individuals shall pay social insurance premiums according to law, and Article 10 employees shall participate in basic old-age insurance. Both employers and employees should pay the basic old-age insurance premium, and it is obviously inconsistent to pay social insurance in the name of a third-party company, which leads to the separation of labor relations and social insurance relations.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 919 An entrustment contract is a contract in which the principal and the agent agree that the agent shall handle the principal's affairs.

Article 922 The agent shall handle the entrusted affairs in accordance with the instructions of the principal. If it is necessary to change the client's instructions, it shall be approved by the client; If it is difficult to get in touch with the client due to an emergency, the agent shall properly handle the entrusted affairs, but shall report the situation to the client in time afterwards.