Is it legal for companies to pay social security for individuals?

Companies paying social security for individuals need to abide by relevant regulations, such as signing a written authorization agreement with employees in accordance with the law and reporting and paying to the tax authorities in accordance with relevant regulations. There are legal risks in paying social security for employees without their consent.

Companies paying social security for individuals must abide by the following provisions: 1. The employee agrees. If a company wants to pay social security for its employees, it must obtain their consent and sign a written authorization agreement. The agreement shall specify the payment base, payment ratio and other information. 2. Tax declaration. Remittance of social security funds comes from personal wages, which need to be reported to the tax authorities before payment, and can only be remitted after approval by the tax authorities. 3. Pay the fees according to law. Pay social security in accordance with the payment ratio and payment base stipulated by national and local policies, which shall not be lower than the legal standard. 4. Legal compliance. The company must abide by the social insurance law, individual income tax law and other relevant laws and regulations, otherwise it is suspected of violating the law. In a word, companies need to abide by relevant regulations when paying social security for individuals, such as signing a written authorization agreement with employees according to law and reporting and paying to the tax authorities according to relevant regulations. There are legal risks in paying social security for employees without their consent.

If the company pays social security for employees without their consent, what measures can employees take? If the company pays social security for employees without their consent, employees can complain or bring a lawsuit to the labor inspection department. According to the Labor Contract Law of People's Republic of China (PRC), the employing unit shall pay social insurance premiums for workers according to law, and shall not refuse to pay or postpone payment in violation of state regulations; The responsibility for social insurance premiums that should be paid by the employer shall not be passed on to the workers. If the company violates labor laws and regulations, employees can safeguard their legitimate rights and interests.

Companies paying social security for individuals need to abide by relevant regulations, such as signing a written authorization agreement with employees in accordance with the law and reporting and paying to the tax authorities in accordance with relevant regulations. There are legal risks in paying social security for employees without their consent. If the company violates relevant laws and regulations, employees have the right to safeguard their legitimate rights and interests.

Legal basis:

Article 58 of the Social Insurance Law of People's Republic of China (PRC) * * * The employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.