Is Shanghai forcing foreigners to pay social security?

At present, foreigners who are employed in Shanghai are not required to pay social insurance. The staff of Shanghai Human Resources and Social Security Bureau said that at present, foreigners who are employed in Shanghai are not required to pay social insurance, and employers and legally employed foreigners can negotiate whether to participate in social insurance; Those who agree to participate in social insurance can participate in social insurance in Shanghai.

Article 97 of the Social Insurance Law of People's Republic of China (PRC), which came into effect on July 201/KLOC-0, stipulates that foreigners who are employed in China shall participate in social insurance according to the provisions of this Law. Judging from the word "reference" used in this article, foreigners who are employed in China do not need to participate in social insurance. However, on September 6, 20 1 1, Ministry of Human Resources and Social Security subsequently promulgated the Interim Measures for Foreigners Employed in China to Participate in Social Insurance (hereinafter referred to as the Interim Provisions). Article 3 of the Interim Measures stipulates that foreigners legally recruited by employers registered or registered in China shall participate in social insurance according to law, and employers and themselves shall pay social insurance premiums in accordance with regulations; Foreigners who are sent to work in branches and representative offices registered in China after concluding labor contracts with overseas employers shall participate in social insurance for employees according to law, and domestic work units and themselves shall pay social insurance premiums according to regulations. The Interim Provisions shall come into force as of 20110105. In the same year, Ministry of Human Resources and Social Security once again issued the Notice of Ministry of Human Resources and Social Security on Issues Related to Social Insurance for Foreigners Employed in China (hereinafter referred to as the Notice), stressing that all localities should strictly implement the Social Insurance Law and the Interim Measures, and incorporate eligible foreigners into social insurance before 2011231.

We learned from the relevant departments of the local human resources and social security bureau that foreigners who are currently working in Beijing, Suzhou, Shenzhen, Foshan, Guangzhou, Tianjin, Qingdao and other places need to participate in social insurance. In some places, relevant supporting regulations have been issued to regulate the specific operation of foreigners paying social insurance, such as the Notice on the Operation of Foreigners Participating in Social Insurance issued by Beijing Social Insurance Fund Center and the Notice on Further Improving the Issues Concerning Foreigners Participating in Social Insurance in this Municipality.

However, the staff of Shanghai Human Resources and Social Security Bureau said that foreigners employed in Shanghai are not required to pay social insurance, and employers and foreigners employed according to law can negotiate whether to participate in social insurance; Those who agree to participate in social insurance can participate in social insurance in Shanghai.

It can be seen that in practice, foreigners who are employed in China do not need to participate in social insurance, and it is necessary to decide whether to pay social insurance for foreigners according to the specific requirements of various places.

In addition, regarding the double payment that foreigners are worried about when paying social insurance in China, the China government is actively negotiating bilateral social security agreements with other countries to reduce the burden on employees and enterprises and better protect the legitimate rights of workers. At present, China has signed social insurance agreements with Germany, South Korea, Denmark, Finland and other countries, which stipulate that the personnel stationed in the two countries are exempt from paying specific social insurance premiums. Negotiations between China and Japan, France, Belgium, Sweden and other countries are also under way.

Answers to related questions:

1. Employees of foreigners in Shanghai should pay social security.

2. There is no need to pay for special circumstances.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 97

Foreigners employed in China shall participate in social insurance with reference to the provisions of this Law.

Interim Measures for Foreigners Employed in China to Participate in Social Insurance

Article 3 Foreigners recruited by enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations registered or registered in China (hereinafter referred to as employers) shall participate in basic old-age insurance for employees, basic medical insurance for employees, industrial injury insurance, unemployment insurance and maternity insurance according to law, and employers and themselves shall pay social insurance premiums according to regulations.

Foreigners assigned to work in branches or representative offices registered in China (hereinafter referred to as domestic work units) shall, after concluding labor contracts with overseas employers, participate in basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance according to law, and domestic work units and themselves shall pay social insurance premiums in accordance with regulations.

Notice of Ministry of Human Resources and Social Security on Issues Concerning the Participation of Foreigners Employed in China in Social Insurance.

First, eligible foreigners will be included in the insurance coverage according to law.

All localities should strictly implement the Social Insurance Law and the Interim Measures, bring qualified foreigners into the social insurance coverage before 20112+310, and urge employers and foreigners to participate in insurance according to existing laws and regulations and pay social insurance premiums in full and on time. Foreigners who were employed in China before 20 1 10, 15, and who meet the insurance requirements, will be paid from 20110, 15. 1October 20 1 1 to 15 to February 12 to 3 1 for insurance payment procedures, the late payment fee will be exempted. For those who go through the insurance payment procedures after 20 12 and 10, late fees will be charged from 2010 and 15. 1October 20th11,10, 15, those who are employed in China will start to pay insurance fees from the month they start working in China. The employing unit shall declare the payment base of foreigners in RMB. All localities should, in accordance with relevant policies and regulations, do a good job in collecting social insurance premiums and recording personal rights and interests.