Pay Urumqi social security, Urumqi labor dispatch, Urumqi social security payment in 2020

  Key words: Urumqi Social Security Agency
Legitimacy and main risks of entrusting a third party company to pay social security and provident fund for employees in different places in the name of a third party:
At present, some enterprises, especially foreign-funded enterprises, entrust foreign service and human resources companies to pay social security, provident fund and even wages for employees in other places
The legitimacy, main risks and risk reduction measures of this behavior are briefly analyzed as follows:
1、 Legality of entrusting a third party company to pay social security and provident fund for employees in the name of a third party:
Article 4 of the social insurance law stipulates & ldquo; Employers and individuals pay social insurance premiums in accordance with the law;, Article 58 provides that & ldquo; The employer shall apply to the social insurance agency for social insurance registration for its employees within 30 days from the date of employment& rdquo;
Article 15 of the regulations on the administration of housing provident fund stipulates & ldquo; If the unit employs employees, it shall go through the deposit registration at the housing provident fund management center within 30 days from the date of employment;, According to this provision, the main body of paying social security and provident fund shall be the employer that has established labor relations

According to the above provisions, strictly speaking, if the employer entrusts a third-party company to pay social security and provident fund for employees in the name of the third-party company, separating the subject of labor relations from the subject of payment and changing the subject of payment, there is no legal basis and there are great risks
If the employer entrusts a qualified third-party company to handle the relevant procedures of social security and provident fund on behalf of the employer, but still pays in the name of the employer, it belongs to a civil principal-agent contractual relationship and does not violate the provisions of the law

2、 The possible main risks of entrusting a third party company to pay social security and provident fund for employees in the name of a third party:
1
Risk of repeated payment: if employees or others complain and report to the social security and provident fund department that the employer fails to pay social security and provident fund for employees and requires supplementary payment, at present, the national social insurance and provident fund have not been fully coordinated and networked
If the third-party company pays in a different place, the local administrative department may also collect payment from the employer, There is the possibility of repeated collection;
2
Social security institutions do not pay work-related injury benefits: the payment of social insurance benefits is generally subject to territorial management
If an employee has a work-related accident, it is determined that the subject of work-related injury is the employer who establishes labor relations, but the subject of labor relations does not pay social security for the employee in the name of his own company, so there are differences between the employer and the payer, The social security agency has the right to review the & ldquo; Consistency & rdquo;, Social security institutions may not pay industrial injury benefits, and the employer shall bear all the responsibilities for industrial injury benefits

3
Payment of economic compensation: Article 38 (3) and Article 46 (1) of the labor contract law stipulate that if the employer fails to pay social insurance premiums for the employee according to law, the employee may unilaterally terminate the labor contract and claim economic compensation
Therefore, if an employee claims that the employer fails to pay social security according to law and resigns on this ground, the enterprise will have the risk of paying economic compensation

3、 Risk reduction measures
1
Labor dispatch can be used in other places
Labor dispatch is a form of employment permitted by law, which involves the employment in different places, payment of social security and accumulation fund;
2
Ensure that the subject of labor contract is consistent with the subject of payment
Pay in the name of the employer, but you can entrust a qualified third party to handle the relevant procedures of social security and provident fund
If the employee actually works in a different place, in order to ensure the medical treatment of the employee in a different place, the employee can be insured with commercial medical insurance

3
Maintain the existing pattern of social security payment by proxy, transfer risks through agreement, sign an agreement with the agency, and make it clear that the agency shall bear the losses related to the inability to settle claims such as industrial injury and childbirth
This operation is only suitable for the agency with strong responsibility ability and a means to reduce risks
Whether it is really effective remains to be discussed
Sign an agreement with the employee to specify that the employee requires to pay through a third party in a different place
If the relevant responsibilities and risks are incurred, the employee shall bear them by himself
If the employee reneges, all the expenses paid by the employer shall be returned

Objects of Urumqi Social Security Agency:
1
Large group companies: such enterprises have many branches, and their employees work all over the country
They need a social security agency with outlets in major large and medium-sized cities across the country

2
Multinational corporations: with the rapid development of the trend of economic globalization, many international multinational enterprises have entered China and set up Asian headquarters in China to seize the Chinese market
However, they are not familiar with the relevant labor laws and regulations of the Chinese government and need to realize professional localization management through the third-party human resources service platform

3
Other types of enterprises: any enterprise that wants to outsource labor affairs such as social security and provident fund, such as foreign enterprises, private enterprises, state-owned enterprises and institutions

Contact: Mr
Zeng of Guangzhou Junbo Human Resources Co
, Ltd
13609029349 qq1421135022