Company partner, do you have to pay social security?

As we know, a company partner is to invest in a partnership. A partnership can raise funds from many partners and spread risks among many owners. Partners share the responsibility for repayment. So, as company partners, do they need to pay social security? Let me explain it to you in detail.

First, do company partners have to pay social security?

Company partners, if employees, need to pay social security. If it is only an investment partnership and does not belong to the employees of the company, the company does not need to pay social security for it.

According to Article 58 of the Social Insurance Law of People's Republic of China (PRC), the employing unit shall handle social insurance registration for employees within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration. The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.

Second, the difference between labor contract and labor contract

1, which have different legal nature.

Labor contract is the basis of establishing labor relations and belongs to the category of labor law; Labor contract is the basis of establishing civil, economic and legal relations, which belongs to the category of civil law and economic law.

2. Different requirements for the subject of the contract.

The main body of a labor contract is the laborer, and the other party is the employer; The subject of a labor contract can be either a citizen or a legal person, and the labor contract has no special requirements for the subject.

3. The subject status of the contract is different.

After the labor contract is signed, the laborer becomes a member of the employer, and the relationship between them is subordinate. There is no subordinate relationship between the subjects of labor contract. Both parties are always independent and equal subjects, and perform the obligations stipulated in the contract in their own names.

4. The contents of the contract are different.

One of the parties to a labor contract, that is, the employing unit, shall provide workers with working conditions and labor protection articles that meet the requirements of the state; There is no need to stipulate this content in the labor contract.

5. The principle of determining remuneration is different.

In the labor contract, the employer pays labor remuneration and welfare according to the quantity and quality of labor and the relevant regulations of the state, which embodies the principle of distribution according to work; The labor price in the labor contract shall be paid according to the principle of equivalent compensation.

Third, the difference between limited partners and general partners.

1, different responsibilities In a partnership, each partner is jointly and severally liable for all external debts of the partnership; Shareholders (shareholders) only need to bear limited liability.

2. The Partnership Enterprise Law applies to different partnership enterprises to which it applies, while the Company Law applies to shareholders.

3. Different partnerships shall bear the capital contribution in accordance with the agreement, and the shares shall bear the capital contribution in proportion to the capital contribution.

4. The rules of joining and withdrawing are different. A partnership is established by agreement between partners. When a partner withdraws or a new partner joins, he must obtain the consent of all partners and sign a new agreement. Shareholders of joint-stock enterprises cannot withdraw their shares, but they can transfer their shares to others.

5. In partnership enterprises with different profit distribution methods, the partners may distribute the profits equally or unevenly according to the contract concluded by the partners through consultation before the establishment of the partnership organization; The profit distribution of joint-stock enterprises is strictly in accordance with equity, and the more equity, the more profit distribution.

The above is the relevant legal knowledge about the company's partners, whether to pay social security. Partners of a company are divided into general partners and limited partners. Limited partners generally do not participate in the management and operation of the company, only enjoy the rights of economic benefits such as dividend rights, and generally do not need to pay social security.