Job Recruitment Website - Social security inquiry - What are the legal risks related to social security?
What are the legal risks related to social security?
1. What are the legal risks related to social security?
Legal risks related to social security mainly include:
1. only handles the payment of social insurance business for the client, and does not assume any responsibility for the client's employment, salary, welfare, medical care, work injury and personal accident. 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.
2. Insured customers must be in good health and have no major diseases and major violations of laws and regulations. Once found, the cooperation agreement will be terminated immediately. If the circumstances are serious, An Su Social Security Bureau will submit it to the relevant departments for legal treatment. 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.
Second, is it illegal to call social security?
It is not illegal to rely on social security. The Social Insurance Law clearly stipulates 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.
For the specific situation of social security, it needs to be strictly based on the specific situation of the parties who apply for social security. The social security situation recognized by different people is different, especially for freelancers because they have no units. At this time, you can apply for social security according to legal and effective procedures.
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