Job Recruitment Website - Social security inquiry - Is it illegal for the company to pay social security to part-time workers?
Is it illegal for the company to pay social security to part-time workers?
If the company employs part-time employees, if it is a labor relationship, it does not need to pay social security; If it is a labor relationship, whether and how to apply for social security depends on the different types of labor relations. The situation of part-time employees mainly includes: part-time employees, labor dispatch employees, employees with special labor relations, etc.
Part-time workers do not engage in their own jobs or sign labor contracts, but they can sign part-time agreements or other contracts without paying social insurance. Part-time job refers to the use of spare time to engage in a second job without leaving your job; If a labor contract is signed and social insurance is paid, it will inevitably lead to repeated labor contracts and repeated payment of old-age insurance, which is not allowed by the state and contradicts the social insurance policy.
Social insurance registration shall be managed in a territorial manner, and the account opening and payment unit shall be the "employing unit", that is, the employing unit that establishes labor relations with 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.
First, how to pay social security by yourself
Individuals who pay social security can only pay pension and medical insurance.
The process for individuals to purchase social insurance:
1. Prepare ID cards, household registration books, photos and other related materials.
2. Go to the service hall window of the social security center of the local labor and social security bureau to handle personal endowment insurance and medical insurance.
3. Fill in the application form and limit the payment base and charging method. After the social security center has passed the examination, it will issue an endowment insurance manual, which will record the future payment amount.
When you meet the retirement procedures, you can go through the retirement procedures and calculate the pension with the manual.
Note that you must pay 15 years to receive a monthly pension.
2. Can the money in the social security card be withdrawn?
The money in social security can't be taken out. Medical insurance can be swiped at designated pharmacies or hospitals. As for old-age insurance, you can only get it after retirement. If you want to take it out, you just have to hand it over. If it is repaid, it will only be 8% of the individual's contribution. From 20 10 to 1, the money in the social security card cannot be withdrawn, but can only be transferred. After fifteen years of purchase, you can receive a monthly pension when you reach retirement age.
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.
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.
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