Is the labor contract that does not pay social security valid?

The clause in the labor contract that does not pay social security is invalid, because the labor contract that violates the mandatory provisions of laws and administrative regulations is invalid or partially invalid, while the labor law stipulates that employers and workers must participate in social insurance and pay social insurance premiums according to law. Therefore, the clause in the contract that does not pay social security is illegal and invalid.

Legal basis: Article 26 of the Labor Contract Law of People's Republic of China (PRC) stipulates that the following labor contracts are invalid or partially invalid: (1) Making the other party conclude or change the labor contract against its true meaning by means of fraud or coercion or taking advantage of the danger of others; (2) The employer exempts itself from legal liability and excludes the rights of workers; (3) Violating the mandatory provisions of laws and administrative regulations. Any dispute over the invalidity or partial invalidity of a labor contract shall be confirmed by the labor dispute arbitration institution or the people's court.

Article 72 of the Labor Law of People's Republic of China (PRC) stipulates that the social insurance fund shall determine the source of funds according to the types of insurance, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

Article 73 of the Labor Law of People's Republic of China (PRC) stipulates that workers shall enjoy social insurance benefits according to law under the following circumstances:

(1) Retirement;

(2) Being sick or injured;

(3) Being disabled at work or suffering from occupational diseases;

(4) unemployment;

(5) bearing.

After the death of an employee, his survivors shall enjoy the survivors' allowance according to law.

The conditions and standards for workers to enjoy social insurance benefits shall be stipulated by laws and regulations.

Social insurance premiums enjoyed by workers must be paid in full and on time.