Legal Risks of Paying Social Security

Legal analysis: the law does not explicitly stipulate the payment of social security, but it is still risky to pay social security. For example, employers pay social security legal risks for non-employees From the perspective of employment management of employers, there are risks. Because the employer pays social insurance premiums to non-employees, it means that there is a superficial labor relationship with these people. These people have the "right" to ask the unit to pay wages and even ask for economic compensation, so the employer should be cautious.

This kind of risk generally occurs when non-employees demand to confirm the existence of labor relations with the employer, and non-employees prove the existence of labor relations by providing social security payment records or social security payment vouchers. If the employer's awareness of prevention is not strong and the measures are not in place, it is easy for people to take advantage of the loopholes, thus separating their wives and children.

Legal basis: Article 86 of the Social Insurance Law states that if the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and an overdue fine of 0.5% shall be added on a daily basis from the day when it never pays it; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.