Do I need to sign a labor contract to pay social security?

Legal analysis: paying social security does not necessarily require a labor contract. According to the relevant regulations of human and social departments, employees (including migrant workers) should participate in the basic old-age insurance for enterprise employees from the month when they sign labor contracts with enterprises (including enterprises and private non-enterprise units). Workers have not signed a labor contract with the enterprise, but there is a factual labor relationship. From the month when the enterprise pays wages, they will participate in the basic old-age insurance for enterprise employees according to regulations.

Legal basis: Article 50 of People's Republic of China (PRC) Labor Contract Law. The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for employees within 15 days.

Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.

The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.