Job Recruitment Website - Social security inquiry - Can social security be transferred to the wife?
Can social security be transferred to the wife?
First, the personal particularity of social security.
The social security system is established to protect the rights and interests of workers, and each worker has his own social security account and payment record. These accounts and records are closely related to personal identity information and labor relations and have personal specificity. Therefore, social security cannot be transferred or transferred like property.
Second, the independence of social security rights.
Social security rights and interests are independent based on individual contributions and labor relations. Even if there is a marriage relationship between husband and wife, one party's social security rights cannot be transferred to the other party. This is because the enjoyment of social security rights and interests is closely related to personal payment records, working years and other factors, and the transfer of rights and interests cannot be achieved simply through transfer.
Third, the fairness and sustainability of the social security system.
If the transfer of social security is allowed, the fairness and sustainability of the social security system may be damaged. On the one hand, transfer may lead some people to obtain the social security rights and interests of others through improper means, thus undermining the fairness of the system; On the other hand, the transfer may also lead to the instability of social security funds and affect the sustainability of the system.
To sum up: social security is based on personal labor relations and payment records. It is personal and cannot be transferred to the wife. The enjoyment of social security rights and interests is closely related to personal payment records, working years and other factors, and the transfer of rights and interests cannot be realized through transfer. At the same time, the fairness and sustainability of the social security system also need to be guaranteed, so it is not allowed to transfer social security in line with the original intention of the system design.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 58 provides that:
The 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.
The regulation clearly stipulates the personal particularity of social insurance registration, that is, social insurance is closely related to individual labor relations and employment situation, and cannot be transferred or transferred to others at will.
People's Republic of China (PRC) Civil Code
Article 1 16 stipulates:
The types and contents of real rights are prescribed by law.
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