Job Recruitment Website - Social security inquiry - Is it illegal to link insurance?

Is it illegal to link insurance?

Legal analysis: illegal.

According to the provisions of the Social Insurance Law, the employer shall, within 30 days from the date of employment, apply to the social security agency for social security registration for its employees. If the social security registration is not handled, the social security agency shall verify the social insurance premium that should be paid. Although there is no clear law prohibiting employers from paying social security fees for "non-employees", it is illegal for enterprises to forge labor relations materials such as payrolls and employee rosters in the process of affiliation.

Some workers mistakenly believe that the social insurance law does not prohibit employers from paying social security fees for employees who are not in their own units, which is voluntary for employees and enterprises. However, according to the provisions of the Social Insurance Law, if the social security benefits are defrauded by fraud, forgery of certification materials or other means, the social security administrative department shall order it to return the defrauded social security benefits and impose a fine of more than 2 times and less than 5 times.

Legal basis: Article 88 of the Social Insurance Law of People's Republic of China (PRC) defrauds social insurance benefits by fraud, forgery of certification materials or other means, and the social insurance administrative department shall order it to return the defrauded social insurance benefits and impose a fine of not less than two times but not more than five times the amount defrauded.