Is the social security agency legal?

It is illegal to represent a social security company. Employers, including companies, entrust a third party to pay social insurance, which does not conform to the provisions of the current law. At the same time, such a move seems to be no different from paying employees directly, but for the company itself, there is a huge legal risk of administrative and arbitration litigation. Therefore, illegal companies will not be found for social security for a while.

Social security filing shall be managed centrally, and the bank account opening and payment enterprise shall be a company unit, that is, a company unit that establishes a factual labor relationship with employees. If a labor contract is signed with an enterprise, social security should also be paid in the name of the enterprise. At this stage, many enterprises authorize the third party to apply the third-party social security account for social security payment, which is not in compliance with laws and regulations.

Social insurance registration shall be managed in a territorial way, and the account opening and payment unit shall be the employer, that is, the employer that has established labor relations with the workers.

If the labor contract is signed with the company, social insurance should also be paid in the name of the company. At present, many companies entrust a third party to pay social security fees by using a third-party social security account, which is not in compliance with the law. According to the relevant provisions of China's Labor Law and Social Insurance Law, employers should pay social insurance for employees after establishing labor relations.

Legal basis:

Article 57 of the Social Insurance Law: The 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.