Labor dispatch can not buy social security

Labor dispatch can not not buy social security. According to relevant laws and regulations, the labor dispatch unit, as an employer, should pay social insurance premiums for the dispatched workers. There is a labor relationship between the dispatched workers and the labor dispatch unit, so they enjoy the rights and interests of social insurance.

I. Statutory Obligations of Labor Dispatching Units

Labor dispatching units, as employers, shall undertake corresponding statutory obligations after establishing labor relations with dispatched workers. Among them, for the dispatched workers to pay social insurance premiums is one of the basic duties of the labor dispatch unit. The social insurance system is an important part of China's social security system, which aims to provide workers with basic life protection and risk prevention.

The social insurance rights and interests of dispatched workers

There is a labor relationship between dispatched workers and labor dispatch units, so they enjoy the same social insurance rights and interests as regular employees. This includes pension insurance, medical insurance, unemployment insurance, work injury insurance and maternity insurance. When a dispatched worker suffers a work-related injury or illness in the course of his or her work, he or she can receive appropriate medical and financial compensation through the social insurance system.

Third, the legal consequences of the labor dispatch unit did not pay social security

If the labor dispatch unit does not pay social insurance premiums for the dispatched workers in accordance with the provisions of the law, it will bear the corresponding legal responsibility. According to the Labor Contract Law and other relevant laws and regulations, the labor administration department has the right to penalize the labor dispatch unit and order it to pay the social insurance premiums within a certain period of time. At the same time, the dispatched workers also have the right to request the labor dispatch unit to fulfill the obligation to pay social security contributions and safeguard their legitimate rights and interests.

Summary: labor dispatch can not not buy social security. As an employer, the labor dispatching unit should pay social insurance premiums for the dispatched workers to protect their basic rights and interests and risk prevention. If the labor dispatch unit fails to fulfill the obligation to pay social security, it will bear the corresponding legal responsibility.

Legal basis:

The Law of the People's Republic of China on Labor Contracts

Article 58 stipulates:

"A labor dispatch unit is an employing unit within the meaning of this Law, and it shall carry out the obligations of the employing unit to the workers. The labor contract concluded between a labor dispatching unit and a dispatched worker shall, in addition to the matters stipulated in Article 17 of this Law, contain the employing unit of the dispatched worker as well as the duration of the dispatch and the job position. The labor dispatching unit shall enter into a fixed-term labor contract with the dispatched worker for a period of more than two years, and shall pay the labor remuneration on a monthly basis; during the period in which the dispatched worker is not working, the labor dispatching unit shall pay him or her on a monthly basis in accordance with the minimum wage standard stipulated by the people's government of the locality in which he or she is working."

The Social Insurance Law of the People's Republic of China

Article 4 stipulates:

"Employers and individuals within the territory of the People's Republic of China*** and the State of China shall, in accordance with the law, pay social insurance premiums and have the right to inquire about the records of payment, records of the individual's rights and interests, and to request that the social insurance administration agencies provide social insurance counseling and other related services. Individuals enjoy social insurance benefits in accordance with the law, and have the right to supervise the payment of contributions for them by their own units."

The Interim Provisions on Labor Dispatch

Article 8 stipulates:

"Labor dispatching units shall fulfill the following obligations to dispatched workers: (1) truthfully inform dispatched workers of the matters stipulated in Article 8 of the Law on Labor Contracts, the rules and regulations to be observed as well as the contents of the agreement on labor dispatching; (2) set up a training system for the (ii) establish a training system and provide on-the-job knowledge and safety education and training to dispatched workers; (iii) pay dispatched workers' labor remuneration and related treatment in accordance with the state regulations and the labor dispatch agreement; (iv) pay social insurance premiums for dispatched workers in accordance with the state regulations and the labor dispatch agreement and go through the procedures related to social insurance in accordance with the state regulations and the labor dispatch agreement; (v) assist in dealing with the disputes between the dispatched workers and employing units, and safeguard the lawful rights and interests of the dispatched workers; (vi) other matters stipulated by laws, regulations and rules."