Job Recruitment Website - Social security inquiry - Do taxi drivers have five insurances and one gold?

Do taxi drivers have five insurances and one gold?

Legal analysis: taxi drivers sign labor contracts with taxi companies, which are managed by the taxi companies in a unified way and pay labor remuneration, which belongs to the establishment of labor relations between the two parties. At the same time, in order to improve the labor enthusiasm of taxi drivers, the taxi company signed an internal contract with taxi drivers, stipulating that the operating income should be enjoyed by taxi drivers and the operating risks should be borne by taxi drivers. In essence, it is a special agreement made by both parties on the way of labor remuneration distribution, which does not affect the labor relations between the two parties. In this way, according to the labor law, taxi companies should pay social security for drivers.

legal ground

Article 4 of the Social Insurance Law

Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights records, and require 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.

Article 58 of the Social Insurance Law

The employing unit shall apply to the social insurance agency for social insurance registration for its employees within three or ten days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Article 3 of People's Republic of China (PRC) Labor Law

Workers enjoy equal employment and career choice, remuneration, rest and vacation, labor safety and health protection, vocational skills training, social insurance and welfare, labor dispute settlement and other labor rights stipulated by law. Laborers should complete labor tasks, improve their professional skills, implement labor safety and health laws and regulations, and observe labor discipline and professional ethics.

Article 72 of the Labor Law of People's Republic of China (PRC)

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.