Does the company have to sign a labor contract to buy social security?

Legal analysis: Yes. The premise of paying social security is to form a labor relationship, which requires signing a labor contract. Social insurance belongs to the national compulsory insurance, and any unit or individual that establishes labor relations must participate. As social insurance is an essential clause in the labor contract, as long as employees form labor relations with employers and sign labor contracts, enterprises must pay social insurance premiums for employees in full and on time. The premise for enterprises to pay social insurance for workers is that both parties establish labor relations and naturally sign labor contracts with workers.

The fact that enterprises have not provided social insurance for workers does not necessarily mean that they have not signed labor contracts with workers, because it does not rule out that some enterprises have not strictly enforced relevant laws and regulations.

Legal basis: People's Republic of China (PRC) Labor Contract Law.

Article 17 A labor contract shall contain the following clauses: (1) the name, domicile and legal representative or principal responsible person of the employing unit; (2) The name and address of the laborer and the number of the resident identity card or other valid identity documents; (3) The term of the labor contract; (4) Work content and work place; (five) working hours and rest and vacation; (6) Labor remuneration; (7) Social insurance; (eight) labor protection, working conditions and occupational hazard protection; (nine) other matters that should be included in the labor contract as stipulated by laws and regulations. In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on probation, training, confidentiality, supplementary insurance and welfare benefits.

Article 38 A laborer may terminate the labor contract under any of the following circumstances: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.