Is it legal for the company to pay social security for non-employees of the company?

We all know that there is an industry in the market now that is a social security payment company. As long as you get the relevant business license and license qualification, you can help pay social security. This payment company is legal, but when looking for a social security payment company, you still need to check whether the relevant licenses are true and valid to avoid being fooled. So is it legal for the company to pay social security for non-employees of the company? I'll answer for you.

This kind of behavior is not stipulated by law.

First of all, the Labor Law and the Social Insurance Law clearly stipulate that employers and their employees must participate in social insurance. Although the Social Insurance Law forces employers to pay social security fees for employees, which is a mandatory obligation of employers, it does not prohibit employers from paying social security fees for employees who are not in their own units. This behavior does not harm the interests of the state and the third party. Workers and enterprises create conditions that meet the requirements of paying social insurance premiums and do not harm the interests of others.

Secondly, it is reasonable for employers to pay social security fees for employees who are not in their own units, which is conducive to realizing the social security rights and interests of some employees. Insured people can't participate in insurance in their workplace due to household registration restrictions, and their participation as individuals is also restricted by many conditions. Joining affiliated units is the only way to realize social security rights and interests. If the law prohibits the unit from participating in insurance for non-unit employees, this only way will be blocked, and the insured will not be able to participate in insurance, and their social security rights and interests will not be realized, which is not conducive to social harmony and stability.

Third, it cannot be banned. From the practical level, if this behavior is defined as illegal, the social insurance department should investigate and deal with it and not allow it to participate in the insurance. How does the social security department prove that there is no labor relationship? Even if labor relations can be denied, faced with thousands of insured persons, it is impossible for grassroots social security agencies to identify which employees are and which are not. The current social security laws and regulations do not explicitly prohibit this kind of behavior. According to the general principle of administrative law, that is, "if there is no law, it is forbidden."

It can be seen from the above that the relevant laws and regulations do not require the company to pay social security for non-employees of the company. Therefore, in reality, the social security department has no right to investigate. Therefore, the additional payment of social security is not explicitly prohibited by our laws, and this behavior can be regarded as a "gray area" of our laws. The above is the relevant answer about social security. If you have any other information, please visit.