Job Recruitment Website - Social security inquiry - Does the unit pay social security to temporary workers?
Does the unit pay social security to temporary workers?
1. There is an employment relationship between the temporary workers and the company: that is, the temporary workers have signed a labor contract with the company and paid wages regularly on a monthly basis. At this time, the company needs to participate in social security for employees and bear part of the social security expenses.
2. No employment relationship: If the temporary workers have not signed a labor contract with the unit and have no actual employment relationship, and the wages are paid on a per-time basis, then the unit may not pay social security.
3. Labor dispatch: If the employee is a labor dispatch employee, the company needs to participate in social security for the employee and bear part of the social security expenses. As for which company is responsible, it depends on how the labor dispatch contract between the labor dispatch unit and the employer is signed.
4. Retirement and reemployment of employees: If retirees have not officially started to provide for the elderly, then the reemployment unit needs to participate in social security for employees. If retirees have already started to receive pensions, there is no need to consider paying social security for re-employed employees.
The steps for employers to pay social insurance for employees are as follows:
1, open an account. Enterprises need to open accounts for social security and provident fund at the Social Security Bureau and the Provident Fund Center within 30 days from the date of establishment. After opening a social security account, obtain a social security registration certificate, and after opening a provident fund account, obtain a unit provident fund registration number;
2. Increase personnel. The company will add new employees to the company's five insurance and one gold account every month;
3. Confirm the payment base. The unit needs to declare the correct payment base of five insurances and one gold for employees every month to ensure the normal payment of five insurances and one gold. The payment base of five insurances and one gold is based on the average salary of employees in the previous year or the salary in the first month of employment;
4. Pay the fee. Enterprises, banks, social security/provident fund management institutions sign bank payment agreements, and directly deduct five insurances and one gold fee from the enterprise bank account at a fixed time every month. Of course, enterprises can also choose cash or check to pay at the site of the five insurance and one gold management institution.
To sum up: there is no concept of temporary workers in law. As long as they are full-time, employers should buy social security for their employees. According to the law, the employer shall register social insurance for employees within 30 days from the date of employment.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 4
Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights records, and require social insurance agencies to provide social insurance consultation and other related services.
Article 60
The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.
Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.
Article 61
Social insurance premium collection agencies shall collect social insurance premiums in full and on time according to law, and regularly inform employers and individuals of the payment.
Article 62
If the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the amount that should be paid shall be determined according to 1 10% of the amount paid by the unit last month; After the payment unit completes the declaration procedures, the social insurance fee collection agency shall make settlement in accordance with the provisions.
Article 63
If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.
Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.
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