Job Recruitment Website - Social security inquiry - What impact does it have on the company to help others hang up social security?
What impact does it have on the company to help others hang up social security?
Legal analysis: in fact, labor relations are not necessarily determined only by labor contracts, but also by the determination of factual labor relations; If a company buys social security for a person, but denies that he is a regular employee of the company, it is undoubtedly difficult to prove. If the affiliate claims that the company has not signed a labor contract with it, it even requires the company to compensate for the double salary of the unsigned labor contract. Or the company fails to pay social security on time due to work mistakes in the actual process. If this person is sick or injured, the company needs to compensate according to legal standards. After all, he is a legal person and an employee of the company. Therefore, although people can save a sum of taxes and fees by attaching to the social security relationship, when some legal disputes occur, the risks that the company needs to bear are far greater than the benefits it can obtain, so it needs to be cautious.
Legal basis: Article 23 of the Social Insurance Law of People's Republic of China (PRC), employees shall participate in the basic medical insurance for employees, and the employer and employees shall jointly pay the basic medical insurance premium in accordance with state regulations. Individual industrial and commercial households without employees, part-time employees who have not participated in the basic medical insurance for employees and other flexible employees can participate in the basic medical insurance for employees, and individuals pay the basic medical insurance premium in accordance with state regulations.
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