Is it illegal for the employer to entrust a third party to do social security agency?

Usually, most employers will buy social security for their employees, which is also a kind of welfare, because employers will buy some for their employees, and social security agency is a kind of agency in labor security affairs. Is it illegal for the employer to entrust a third party to do social security agency? I sorted out the content of "Is it illegal for an employer to entrust a third party to handle social security agency" to answer your question.

Is it illegal for the employer to entrust a third party to do social security agency?

It is illegal for an employer to entrust a third party to handle social security, and the employer shall register social insurance for employees within 30 days from the date of employment.

(1) Provisions on social insurance handled by employers as agents

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.

(2) It is illegal for an employer to entrust a third party to represent social security.

As can be seen from the above-mentioned legal provisions, social insurance registration is subject to territorial management, and the account opening and payment unit should be the employer, that is, the employer who 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. Therefore, the employer's entrusting a third party to pay social insurance does not conform to the current legal provisions, and there is also a huge administrative and arbitration litigation risk for the company itself.

Social security bureau

Social security agency is a kind of organization in labor security affairs, which refers to paying social insurance premiums such as endowment insurance, maternity insurance, medical insurance, unemployment insurance and work injury insurance for individuals or units within its service scope in accordance with the requirements of relevant national personnel policies and regulations.

procedure

1. business consultation: initially understand the intentions of both parties, confirm legal qualifications, exchange basic information of companies and individuals and explain;

2. Analysis and investigation: according to the requirements put forward by employers and individuals, understand the actual working environment and posts, and conduct investigations when necessary.

3. Put forward the social security agency scheme: according to the requirements and current situation of different employers and individuals, formulate the social security agency scheme;

4. Negotiation scheme: the agency company and the client study and negotiate the contents of the social security agency scheme, and modify and improve the social security agency scheme on the premise of legal employment;

5. Sign social security agency agreement: define the rights and obligations of both parties, distinguish legal responsibilities, and sign social security agency agreement according to law;

6. Collect and sort out the data and information of the head office;

7. Sign an agency agreement.

Your question "Is it illegal for an employer to entrust a third party to represent social security?" It's already packed. It is illegal for an employer to entrust a third party to represent social security. The employing unit shall handle social insurance registration for its employees within 30 days from the date of employment. If in doubt, please consult a lawyer.