Is it really unnecessary to pay social security for labor contracts?

Don't hand it in. According to the Labor Contract Law of People's Republic of China (PRC) and the Social Insurance Law of People's Republic of China (PRC), it is the responsibility of the employer to pay social insurance premiums for workers. The two parties who sign the labor service contract do not have the status of employers and workers, and do not need to pay social security.

In China, you can sign a labor contract without paying social security. Labor contract-generally temporary, similar to contracting nature, signed a labor contract, the two sides do not belong to labor relations, people can not pay social security for employees. If there is a labor relationship between the two parties, the employer must buy social security for the employee, then the employer's behavior is illegal, and the employee can complain to the local social security department.

If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. If the employer fails to declare the amount of social insurance premiums payable according to the regulations, the social insurance agency shall temporarily determine the amount payable according to 1 10% of the amount paid by the unit last month; If there is no payment amount last month, the social insurance agency shall temporarily determine the amount of payment according to the operating conditions of the unit, the number of employees and the average salary of employees in the local last year. After the employer completes the declaration procedures, the social insurance agency shall settle the accounts in accordance with the provisions.

1. Don't labor relations need social security?

The company does not need to pay social security for the employees in the signed labor contract.

1. Labor contracts are generally temporary, but they are all similar in nature. The labor contract signed by both parties does not belong to labor relations, and the employer may not pay social security for employees.

2. If there is a labor relationship between the two parties, the employer must purchase social security for the employees. Otherwise, the employer's behavior is illegal, and the employee can complain and report to the local social security department.

Second, the difference between labor contract and labor contract

1, the nature of the contract is different. An employment contract is a contract in which employees provide services to their employers; A labor contract is a labor contract that determines the labor relationship between the employer and the employee.

2. The purpose of contract is different. The purpose of an employment contract is to provide services, the object of the contract is the employer's domination over the employee's labor behavior, and the purpose of the labor contract is for the employee to become an internal member of the employer.

3. The degree of state intervention is different. The employment contract is more about the autonomy of the parties and the result of equal consultation between the two parties, and the degree of state intervention is less; The labor contract not only embodies the autonomy of the parties, but also embodies the intervention of the state. The Labor Law has made special provisions on the procedures for concluding contracts, the obligations of employers, working conditions, labor protection, minimum wage and termination of contracts, which embodies the special protection of the state for workers.

4. The subject and its relationship are different. In a labor contract, one party is a laborer and the other party is an employer. Its scope of application is limited to employers. After becoming an internal member of the employer, the laborer must abide by its internal rules and regulations and must undertake a certain type of work or work. Workers and employers are both subordinates of leaders and leaders. The labor contract does not have the above characteristics.

5. Different legal adjustments. Labor contract is regulated by labor law; Employment contract should belong to civil law adjustment. Although there is no clear stipulation in the Contract Law, civil law should be applied to adjust it in judicial practice.

6. The procedures for handling contract disputes are different. When there is a dispute over a labor contract, the judicial organ can only intervene after the arbitration pre-procedure. Disputes shall be handled in accordance with the provisions of the labor law, and the arbitration institution or the court may judge the employer to continue to perform the labor contract; Similarly, the termination of the contract should also follow certain legal procedures. When there is a dispute over the employment contract, the court can directly accept it and apply the provisions of the civil law; There is no special procedure for dissolution, and both parties can dissolve the employment relationship at any time.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 70 of People's Republic of China (PRC) Labor Contract Law

The state develops social insurance, establishes social insurance system and social insurance fund, so that workers can get help and compensation in old age, illness, work injury, unemployment and childbirth.

Article 60 of People's Republic of China (PRC) Social Insurance Law

The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis.

Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.