1. How to sign the contract of the headquarters and let the branch pay social security
It is legal for the head office to sign a labor contract and the branch to pay social security, and it is the head office to be responsible for signing a labor contract with the head office. According to Article 14 of the Company Law of the People's Republic of China, a company may establish a branch. To establish a branch, it is necessary to apply for registration with the company registration authority and obtain a business license. A branch office does not have legal personality, and its civil liability is borne by the company. A company may establish a subsidiary, which has the status of a legal person and independently bears civil liability in accordance with the law. The head office is responsible for signing the labor contract. A company can set up a branch office. To establish a branch, it is necessary to apply for registration with the company registration authority and obtain a business license. A branch office does not have legal personality, and its civil liability is borne by the company.
II. Judicial Interpretations
1. The business of many large enterprises is distributed all over the country or even in many countries, and the branches or subsidiaries directly engaged in these businesses are set up by the company, which are the so-called branches. The company itself is called the head office or the company. Although the relationship between a branch office and the head office is somewhat similar to that between a subsidiary and the parent company.
2. The legal status of a branch is completely different from that of a subsidiary, and it does not have an independent legal status. Although a branch office has the word "company", it is not a company in the true sense of the word. Because the branch does not have the status of a corporate legal person, it does not have an independent legal status, and it does not independently bear civil liability.
3. The characteristics of the branch are as follows: the branch does not have its own independent property, and the property actually occupied and used by it is part of the property of the head office and is included in the balance sheet of the head office. A branch office is not a company, and its establishment does not need to follow the procedures for the establishment of a company, but can be established after completing simple registration and business procedures. A branch does not have its own articles of association, and there is no board of directors or other forms of corporate business decision-making and business execution organs. The name of the branch only needs to add the word branch after the name of the head office.
According to its own operation and production needs, the head office can separate its own departments or products and set up branches, but in essence, its legal representative is still unchanged, so the relevant decisions made by the head office are also applicable to the branches, so the relevant social security contracts signed by the head office, the branch should comply with the implementation.