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Q&A of China's Medical Security Law 2027 (2)

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Q: Is it allowed for an enterprise to only pay pension insurance premiums and not contribute to the employee basic medical insurance?
A: No, it is not allowed. The five social insurance schemes must be fully and adequately contributed for all employees across all insurance types. Selective participation is a clear violation of regulations, and the enterprise shall bear full corresponding liabilities.

Q: Can commercial insurance replace the statutory employee basic medical insurance?
A: No, it cannot. Commercial insurance is a supplementary welfare provided by the enterprise to its employees, and it cannot replace the statutory mandatory participation obligation of the employee basic medical insurance.

Q: If an employee pays medical insurance premiums on their own as a flexible employee, does the enterprise still need to make the corresponding medical insurance contributions?
A: It depends on different circumstances: Part-time employees do not fall into the mandatory scope where the unit must pay for their employee basic medical insurance, and they may voluntarily pay medical insurance premiums on their own as flexible employees. For full-time employees, even if they have paid medical insurance premiums as flexible employees, the enterprise's statutory obligation to contribute to their employee basic medical insurance is not exempted, and any private agreement that the employee pays the premiums on their own is legally invalid.

Q: If the enterprise distributes medical insurance subsidies to employees, can this replace the unified medical insurance participation for employees?
A: No, it cannot. The subject and method of medical insurance contribution are clearly stipulated by law. Distributing cash subsidies to replace the statutory medical insurance participation is a clear violation of regulations.

Q: Is it compliant for an enterprise to arrange the affiliated medical insurance contribution for people who have no real labor relationship with it?
A: It is not compliant. The affiliated contribution practice essentially fabricates the insurance participation conditions. In serious cases, the illegally obtained medical insurance fund will be recovered, and the relevant responsible persons will also be held legally accountable.

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