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Is it illegal to pay social security on your behalf? What are the risks?

It is illegal to pay social security on your behalf, and those who commit serious acts may be at risk of being jailed.

Nowadays, you need to be careful when paying social security on your behalf. The law has determined that it is illegal to pay social security on your behalf. Once social security was cut off, I had to run errands for half a year. Everyone knows that the interruption of social security is a big trouble. Many preferential policies are linked to social security. Buying a house or car will also hinder children's enrollment in school.

So when they leave their jobs and change jobs, many people choose to find an agency to pay social security on their behalf. In particular, some freelancers who are not registered in the local area cannot pay social security in their own name due to household registration restrictions, so they can only find an agent to register for social security.

However, now, it is illegal to rely on others to pay social security. Paying social security on behalf of others was originally just a side effect of the policy. According to the "Social Insurance Law", employees must sign a labor contract and have a labor relationship with the employer before they can pay social insurance through the employer.

If the two parties have not established a labor contract relationship and just pay social security through an agency company, it is an insurance fraud and is not allowed. There are actually many risks involved in paying social security on behalf of others.

For example, there are policy risks, reputation risks, and usage risks. Policy risk refers to the fact that there is no real labor relationship between employees and the employer affiliated with the agency, and when they declare social insurance benefits to the social security agency, they will be deemed to have committed insurance fraud.

A fine of not less than two times but not more than five times the amount defrauded will be imposed. Credit risk means that due to the above policy reasons, the agency contract signed with the social security agency is not protected by law. Usage risk means that it is linked to policy risks. Once it is discovered that social security is paid on behalf of others, the insurance department will not compensate for some insurances that involve reimbursement.

Extended information:

Social security payment is the main content of social security agency services. It refers to the agency company providing services for companies or individuals to handle or pay social insurance. It is one of the many personnel agency services. One of the projects. As an intermediary service, social security payment has attracted more and more attention from society and has become an industry as relevant supporting policies are implemented in various places.

Social security content

According to the latest "Social Insurance Law of the People's Republic of China" that came into effect on July 1, 2011, social insurance includes five major types of insurance :

1. Pension Insurance

The basic pension insurance system is a social insurance system established by the state to ensure the basic living needs of citizens in old age. The basic pension insurance implements a model that combines social pooling and personal accounts, and is paid jointly by the employer and the individual.

2. Medical Insurance

Basic medical insurance is a social insurance system established to compensate workers for economic losses caused by disease risks. A medical insurance fund is established through contributions from employers and individuals. After insured persons incur medical expenses for medical treatment, the medical insurance agency will provide them with certain financial compensation.

3. Work-related injury insurance

Work-related injury insurance is a social insurance for work-related injuries. Work-related injury insurance is established through social co-ordination and a work-related injury insurance fund is provided to workers within the scope of the insurance who suffer accidental injuries or occupational diseases that cause temporary or permanent injuries that occur during production and business activities or under certain specified circumstances. When losing the ability to work,

and when dying due to the above two situations, the worker or his survivors can receive necessary material compensation from the state and society to ensure the basic life of the worker or his survivors, as well as for Provide necessary medical assistance and rehabilitation services to those injured at work.

IV. Unemployment Insurance

Unemployment insurance is compulsorily implemented by the state through legislation. Unemployment insurance funds are raised through employer, employee individual contributions and state financial subsidies to establish unemployment insurance funds. A system that provides material assistance to workers whose livelihood has been temporarily interrupted due to unemployment to ensure their basic livelihood, and creates conditions for their employment through job transfer training, job introduction and other means.

5. Maternity insurance

Maternity insurance is determined by the state through legislation. When working women temporarily interrupt their labor due to giving birth to children, the state and society will provide necessary benefits to the working women who give birth. A social insurance system that provides material assistance and living security.

The state provides maternity allowances, medical services and maternity leave benefits to women giving birth by establishing a maternity insurance system to protect their health and create good conditions for the feeding and growth of babies. Therefore, maternity insurance has a great impact on the production of social labor force. It plays a very important protective role in reproduction and reproduction.

Service objects

(1) Local branches of foreign-funded enterprises and non-local enterprises;

(2) Resident business outlets of various commercial chain and franchise enterprises;< /p>

(3) Small and medium-sized enterprises without personnel management positions;

(4) Individual industrial and commercial households for which no company pays social security;

(5) Freedom Professionals;

(6) Persons for whom the company temporarily does not have social security contributions due to job changes;

(7) Other units and individuals that comply with policy regulations.

Service content

1. Social security account opening, provident fund account opening;

2. Addition or subtraction of employees in social security accounts, payment of five insurances and one fund;

3. Maternity reimbursement, work-related injury insurance reimbursement, provident fund withdrawal and other services;

4. Answer questions related to five insurances and one fund;

5. Other related five insurances and one fund business processing.

Current status of the industry

In cities such as Beijing, Shanghai, Guangzhou, and Shenzhen, many policies and benefits, such as qualifications for buying a house, lotteries for buying a car, and schooling for children, etc., are available for the migrant population. Requirements for continuous payment time of social security.

For many freelancers who do not have companies to pay social security for them, and many people who are temporarily unable to pay social security due to changing jobs, in order to get some benefits, they have to entrust a company to pay social security on their behalf. , to ensure continuous payment of social security.

So now in many cities, social security payment has become an industry. Many companies provide services such as online social security payment, allowing people who need to pay social security to pay social security more conveniently and quickly.

Reference: Baidu Encyclopedia-Social Security Payment