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有稳定劳动关系的职工及其用人单位,受《劳动法》《社会保险法》等保护和制约,必须强制参加职工基本养老保险。个人则自愿以灵活就业人员身份参加职工基本养老保险。很多地方规定,非本地户籍人员不能以灵活就业人员身份参加职工基本养老保险。这种做法是否合理?会诊意见观点一根据地方规定确定是否可以参加并缴纳职工基本养老保险费理由职工基本养老保险的参保范围以职工为主,这属于强制参保对象;其他非职工类的参保人员,属于自愿参保,其具体参保范围,《社会保险法》以及国家层面的法律法规和规章均没有明确规定,因
Employees and their employers with stable labor relations are protected and restricted by the Labor Law, the Social Security Law, etc. They must be compelled to participate in the basic old-age insurance for workers. Individuals voluntarily participate in the basic old-age insurance for staff and workers as flexible employees. In many places, non-local domiciliary people can not participate in the basic old-age insurance for staff as flexible employees. Is this reasonable? Consultation Opinion Point of View According to local regulations to determine whether it is possible to participate in and pay the basic old-age insurance premiums Employee basic endowment insurance coverage to employee-oriented, which belongs to mandatory insured objects; other non- The insured person belongs to the voluntary insured. The scope of the specific insured insured, the “Social Insurance Law” as well as the national laws, regulations and rules are not clearly defined.