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Is it illegal for social security companies to pay fees?
According to China's "Labor Law", "Social Insurance Law" and other relevant provisions, employers should pay social insurance for employees after establishing labor relations. However, if social security is paid in the form of social security affiliation, there is actually no labor relationship between individuals and agencies or affiliated companies. Social security is paid by affiliated companies, and affiliated companies have not established real labor relations with affiliated companies. The essence of their behavior is to defraud insurance qualifications and is suspected of breaking the law.
The process of transferring social security to a new unit is as follows:
1. The original unit submitted a written application for the transfer and continuation of social security relations to the new unit;
2, the new unit to review the transfer application, and send the bid-winning notice to the original unit;
3, the original unit for transfer procedures;
4, the new unit to accept the transfer procedures and funds, will confirm the situation in a timely manner to inform the insured.
If an individual is employed across the overall planning area, his basic old-age insurance relationship will be transferred with him, and the payment period will be calculated cumulatively. When an individual reaches the statutory retirement age, the basic pension is calculated in stages and distributed uniformly.
To sum up, it is illegal for companies to pay social security, which not only violates laws and regulations, but also may bring a series of risks and adverse consequences.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 58
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.
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