How to sign a labor contract without paying social security

Under certain circumstances, it is possible to sign a labor contract without paying insurance. The Social Insurance Law stipulates that after establishing a labor relationship and signing a labor contract, the employer must pay social security for the worker. Even if an employee voluntarily does not participate in social security, when it comes to social security verification, the employer has to pay back the social security. However, for the employer to rehire personnel, can not pay social security. One is retired rehires, and the other is those whose social security relationship is elsewhere and has not been transferred to the current employer. You can choose between these two ways.

Then if the employee is not willing to buy social security, the employer's treatment:

One is dismissal; the second is to notify the employee in writing should buy social security, otherwise, if not to buy social security to the company caused by the losses and legal consequences borne by the employee. If the employee still does not want to buy social security, let the employee write a commitment, the content of which should have "the company has informed me that I should pay social security, if I do not want to buy social security and the company's losses and legal consequences borne by the employee". In this way, when the social security audit, the employer can have sufficient evidence to explain. In addition, in the event of an employee's illness, work injury or maternity, the employer can use this to avoid the risk of having to bear the costs entirely.

Social insurance refers to the state in order to prevent and share the social risks of old age, unemployment, illness and death, and to realize social security, and compels the majority of the members of society to participate in the function of income redistribution of the non-profit social security system, is a kind of loss of ability to work, temporary loss of labor or health reasons for the loss of the population to provide income or compensation for a social and economic system. System. The social insurance scheme is organized by the government, which compels a certain group of people to form a social insurance fund by paying a part of their income as social insurance tax (fee), from which the insured can receive a fixed amount of income or compensation for loss if certain conditions are met; it is a redistributive system, whose goal is to ensure the reproduction of material and labour force and the stability of the society. The main items of social insurance include pension insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance.

Legal basis: Article 7 of the Law of the People's Republic of China on Labor Contracts stipulates that an employer shall establish a labor relationship with a worker from the date of employment. The employer shall establish a roster of workers for inspection.

Article 10 of the Law of the People's Republic of China on Labor Contracts stipulates that a written labor contract shall be concluded when a labor relationship is established. Has established labor relations, not at the same time to enter into a written labor contract, shall within one month from the date of employment to enter into a written labor contract. Employers and workers in the employment before the conclusion of labor contracts, labor relations from the date of employment established.

Article 11 of the Law of the People's Republic of China on Labor Contracts stipulates that if an employer does not conclude a written labor contract at the same time as the employment, and if the labor remuneration agreed with the workers is unclear, the labor remuneration of the newly recruited workers shall be implemented in accordance with the standards stipulated in the collective contract; and in the absence of a collective contract or if the collective contract does not stipulate it, equal pay for work of equal value shall be implemented.