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Is the social security payment company legal?
Legal analysis: social security payment companies are not legal. Social security can only be paid by the employer or individual, not by other companies.
Legal basis: The Social Insurance Law of the People's Republic of China
Article 57 The 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, registration certificate or seal. The social insurance agency shall examine the application within fifteen days from the date of receipt and issue the social insurance registration documents. If the employer's social insurance registration is changed or the employer is terminated according to law, the employer shall, within thirty days from the date of change or termination, apply for change or cancellation of social insurance registration at the social insurance agency.
The market supervision and management department, the civil affairs department and the organization and establishment management organs shall promptly notify the social insurance agency of the establishment and termination of the employer, and the public security organs shall promptly notify the social insurance agency of an individual's birth and death, as well as of his or her hukou registration, relocation and cancellation.
Article 58 An employer shall, within thirty days from the date of employment, apply for social insurance registration with a social insurance agency for its employees. If the employer fails to apply for social insurance registration, the social insurance agency shall approve the social insurance premiums to be paid by the employer. Individual entrepreneurs without employees who voluntarily participate in social insurance, part-time workers who do not participate in social insurance with their employers, and other flexibly employed persons shall apply for social insurance registration with the social insurance administration organization. The State establishes a nationally unified individual social security number. Individual social security numbers are citizens' identity numbers.
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