Is it legal for the company to pay social insurance for its non-employees?

This kind of behavior is not stipulated by law. The Labor Law and the Social Insurance Law clearly stipulate that employers and their employees must participate in social insurance. Although the Social Insurance Law forces employers to pay social security fees for employees, which is a mandatory obligation of employers, it does not prohibit employers from paying social security fees for employees who are not in their own units. This behavior does not harm the interests of the state and the third party. Workers and enterprises create conditions that meet the requirements of paying social insurance premiums and do not harm the interests of others.

Secondly, it is reasonable for employers to pay social security fees for employees who are not in their own units, which is conducive to realizing the social security rights and interests of some employees. Insured people can't participate in insurance in their workplace due to household registration restrictions, and their participation as individuals is also restricted by many conditions. Joining affiliated units is the only way to realize social security rights and interests. If the law prohibits the unit from participating in insurance for non-unit employees, this only way will be blocked, and the insured will not be able to participate in insurance, and their social security rights and interests will not be realized, which is not conducive to social harmony and stability.

Third, it cannot be banned. From the practical level, if this behavior is defined as illegal, the social insurance department should investigate and deal with it and not allow it to participate in the insurance. How does the social security department prove that there is no labor relationship? Even if labor relations can be denied, faced with thousands of insured persons, it is impossible for grassroots social security agencies to identify which employees are and which are not. The current social security laws and regulations do not explicitly prohibit this behavior. According to the general principle of administrative law, that is, "it is forbidden if there is no law", therefore, the social security department has no right to investigate and deal with it in reality.

Therefore, paying social security is not explicitly prohibited by our laws.