As China's social and economic development continues, the number of expatriates is increasing. So, do Chinese companies need to pay social security when they hire foreign employees? According to the relevant laws and regulations, the answer is yes.
随着中国社会经济的不断发展,外籍人士数量也越来越多。那么,中国的企业单位在聘用外籍员工时,是否需要缴纳社保呢?根据相关法律法规,答案是肯定的。
According to Article 2 of the Labor Contract Law, the Law applies regardless of whether the employer is Chinese or foreign, and regardless of whether the worker is Chinese or foreign, as long as a labor relationship is established and a labor contract is signed. And according to the Social Insurance Law, employees shall participate in pension insurance, medical insurance, work injury insurance, unemployment insurance and maternity insurance, etc. The payment of relevant social insurance is a joint legal obligation of the employer and the employee.
按照《劳动合同法》第二条规定,不论用人单位是中国还是外国,不论劳动者是中国人还是外国人,只要建立劳动关系并签订了劳动合同,一律适用该法。而根据《社会保险法》规定,职工应当参加养老保险、医疗保险、工伤保险、失业保险、生育保险等,有关社保的缴纳是用人单位和员工共同的法定义务。
For foreign employees, according to Article 97 of the Social Insurance Law, "Foreigners who are employed in China shall participate in social insurance with reference to the provisions of this Law." In order to clarify the issue of social insurance for foreigners, the Ministry of Human Resources and Social Security issued the Interim Measures for Foreigners Employed in China to Participate in Social Insurance in 2011, which specifies the social insurance payment obligations of foreigners and the social insurance registration process for employers.
对于外籍员工,根据《社会保险法》第九十七条规定,“外国人在中国境内就业的,参照本法规定参加社会保险。”为了明确外籍人士的社保问题,人力资源和社会保障部在2011年发布了《在中国境内就业的外国人参加社会保险暂行办法》,具体规定了外籍人士的社保缴纳义务和用人单位的社保登记流程。Therefore, both the employer and the foreign employee recruited should pay all social insurance in accordance with the regulations. For foreigners who are enrolled for the first time, the employer needs to bring relevant documents to the social insurance agency in the place of enrollment for the enrollment procedures, including their passports, work permits, residence permits, social insurance personal information registration forms, social insurance participant increase forms, their photos and other relevant supporting documents.
所以,用人单位和所招用的外籍员工均应当按照规定缴纳各项社会保险。对于首次参保的外国人,用人单位需要携带相关材料到参保所在地的社保经办机构为其办理参保手续,包括本人护照、工作许可证、居留许可、社会保险个人信息登记表、社会保险参保人员增加表、本人照片和其他相关证明材料。
When paying social insurance, there may be a case of double payment as the foreigner may have already paid the corresponding social insurance in his or her home country. In order to eliminate this situation, China has signed bilateral agreements with Germany, Japan, Korea and Canada, which allow specific persons and specific types of social insurance to exempt each other from the obligation to pay.
在缴纳社保时,由于外国人在其本国可能已经缴纳过相应的社会保险,可能会出现双重缴费的情况。为了免除这种情况,我国已经和德国、日本、韩国、加拿大等国签订了双边协定,允许特定人员和特定种类的社会保险互相免除缴纳义务。
Therefore, when employing foreign employees, employers are required to pay social insurance in accordance with the regulations and enjoy the protection offered by the insurance. At the same time, foreign employees should also be aware of their corresponding social insurance payment obligations and rights to ensure that their rights and interests are protected.
因此,用人单位在聘用外籍员工时,需要按照规定缴纳社会保险,享受保险所带来的保障。同时,对于外籍员工来说,也应当了解自己的相应社保缴纳义务和权利,确保自己的权益得到维护。