Is it legal to pay social security on behalf of others?

From a legal point of view, it is illegal. According to Article 57 of the Social Insurance Law, the employer shall, within 30 days from the date of establishment, apply to the local social insurance agency for social insurance registration with the business license, registration certificate or unit seal.

The social insurance agency shall, within fifteen days from the date of receiving the application, examine and issue the social insurance registration certificate. Article 58 stipulates that the employer shall register social insurance for employees within 30 days from the date of employment.

Although the Social Insurance Law does not explicitly prohibit the payment of social insurance, from the above provisions, social insurance registration is territorial management and should be handled by the social insurance agency where the employer is located, and the main body of social insurance registration is also the employer. Therefore, it can be inferred from these two provisions that it is illegal to pay social security.

Realistic reasons for paying social security

In reality, it is very common for employers to entrust a third party to pay social insurance for employees through third-party accounts for the following reasons:

(A) the need for employers to transfer payment places to reduce labor costs. At present, the base of social security contributions in various places is linked to the average wage of local society. For example, the average social wage in economically developed areas such as Beishangguangshen and Shenzhen is higher than that in economically backward areas.

(2) The actual demand for employment in different places. If you have a job in a different place and have no local branch, you can't pay social security locally. Workers who are employed locally often strongly demand to be insured locally.

(3) Entrust the payment of social security to other human resources companies, which is convenient for saving human management resources.

Paying social security also has the following risks

(1) Economic compensation As mentioned above, in the case of paying social security, employees can leave their jobs on the grounds of not paying social security, whether it is paid voluntarily by the employer or at the request of employees working in different places, and get economic compensation;

(2) There are obstacles in the payment of social insurance benefits. For example, a company in Shanghai entrusted a third party to pay social security in Guangzhou, and a work-related injury occurred. However, when the work-related injury is identified, the actual employer has not paid social security, and the employer who paid social security is not the employer, so it may not pay the work-related injury, so the work-related injury expenses are still borne by the actual employer; In addition, some places are very strict, and the place where the company is registered is inconsistent with the place where social security is paid, which may also be the legal reason for refusing compensation;

(3) differences in treatment. For example, an employer in Shanghai pays social security in Guangzhou through a third party. Because the Regulations on Industrial Injury Insurance clearly stipulates that if the actual amount of disability allowance is lower than the local minimum wage, the industrial injury insurance fund will make up the difference. If the actual amount of disability allowance is lower than the local minimum wage, it may be required to make up the difference because the minimum wage in Shanghai is higher than that in Guangzhou;

(4) Repeated payment of social security to establish labor relations, and the real employer's failure to pay social insurance may lead to the problem that the social security administrative department orders it to pay back. As for employers looking for a third party to pay money in different places, they may not pay attention to it for various reasons, such as making up social security funds in various places. To sum up, whether social security payment is legal or not, legal responsibility tends to be illegal, and even some places clearly need to clear this gray area. In fact, the unit that pays social security is suspected of forging documents to defraud social security, and will be subject to administrative punishment and criminal responsibility after the opportunity.

What are the risks of social security payment?

Disclosure of personal information

Social security "payment" and "hook" need to provide real information such as my name and ID number, which means that I may face the risk of personal information disclosure.

Property damage makes it difficult to defend rights.

Some companies cheat in the name of "paying" and "attaching" social security and issue false payment vouchers. In fact, the social security account was not recorded, which means that the social security payment was not successfully processed. If the company runs away with money, individuals are cheated and their property is damaged, but because there is no actual labor relationship, the labor law cannot protect their rights and interests.

Generally speaking, social security payment means spending more money, there is no guarantee, and it may also affect your personal credit information. "Remittance" and "linking" are not reliable. Please choose formal channels for insurance. Freelancers can also pay social security by themselves!

legal ground

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

Article 57 An employing unit shall, within 30 days from the date of its establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal. The social insurance agency shall, within fifteen days from the date of receiving the application, examine and issue the social insurance registration certificate.

Where the social insurance registration items of the employing unit are changed or the employing unit is terminated according to law, it shall, within 30 days from the date of change or termination, go to the social insurance agency to handle the change or cancellation of social insurance registration.

The market supervision and management department, the civil affairs department and the organization management organ shall promptly inform the social insurance agency of the establishment and termination of the employing unit, and the public security organ shall promptly inform the social insurance agency of the birth, death, household registration, migration and cancellation of the individual.

Article 58 An employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.

The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.