Job Recruitment Website - Social security inquiry - Isn't it illegal to sign a labor contract and pay social security in a unit?
Isn't it illegal to sign a labor contract and pay social security in a unit?
The first situation is that as long as you work in a company, the company must sign labor contracts with employees to determine the labor-employment relationship, and the company must purchase social security. Such companies must sign a labor contract to purchase social security, and the other four insurances must also be handled together.
The second situation is that the labor contract relationship of the labor dispatch unit exists between the labor dispatch agency and the dispatched workers, and their social security and labor contracts are not in the same company.
So to sum up, the labor contract and social security payment are not a company, but can be in a company.
Old-age insurance, the full name of social basic old-age insurance, is a social insurance system established by the state and society in accordance with certain laws and regulations to solve the basic life of workers who reach the working age limit stipulated by the state and terminate their labor obligations or quit their jobs because of old age.
A labor contract refers to an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and unanimity through consultation, and shall not violate the provisions of laws and administrative regulations. After a labor contract is concluded in accordance with the law, it is legally binding, and the parties must fulfill their obligations under the labor contract.
Legal basis: People's Republic of China (PRC) Labor Contract Law.
Article 7 An employing unit shall establish labor relations with laborers from the date of employment. The employing unit shall establish a roster of employees for future reference.
Article 8 When employing workers, the employing unit shall truthfully inform the workers of their work contents, working conditions, workplace, occupational hazards, conditions for safe production, labor remuneration and other information required by the workers; The employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it.
Article 9 The employing unit shall not detain the employee's resident identity card and other documents, and shall not require the employee to provide guarantee or collect property from the employee in other names.
Article 10 To establish labor relations, a written labor contract shall be concluded.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
Article 11 If the employer fails to conclude a written labor contract at the same time of employment, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly hired employee shall be implemented according to the standards agreed in the collective contract; If there is no collective contract or there is no agreement in the collective contract, equal pay for equal work shall be implemented.
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