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Is it legal not to pay social security for a part-time job?

Legal analysis

Part-time workers do not engage in their own jobs or sign labor contracts, but they can sign part-time agreements or other contracts without paying social insurance.

Part-time job means to engage in a second job in your spare time without leaving your job; Providing physical or mental labor expenses for a third party. Part-time workers have their own jobs, and signing labor contracts and paying social insurance are handled by the work unit, which has nothing to do with part-time.

If a labor contract is signed and social insurance is paid, it will inevitably lead to repeated labor contracts and repeated payment of old-age insurance, which is not allowed by the state and contradicts the social insurance policy.

legal ground

People's Republic of China (PRC) social insurance law

Article 4 Employers and individuals who pay social insurance premiums according to law in People's Republic of China (PRC) have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

Tenth employees should participate in the basic old-age insurance, and employers and employees should pay the basic old-age insurance premium. Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium. The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.