Isn't it a labor relationship not to buy social security?

Isn't it a labor relationship not to buy social security?

Not buying social security does not deny the existence of labor relations. According to the Labor Law of People's Republic of China (PRC), labor relations refer to the labor rights and obligations established between the employer and the employee based on the labor contract. In labor relations, employers are obliged to buy social insurance for workers, but buying social insurance is not the only sign of labor relations.

In practice, some employers may not buy social insurance for their workers, but they still have a de facto labor relationship with them. This situation may occur in some small-scale enterprises, informal employment fields or specific industries. Under these circumstances, although the employer has not purchased social insurance for the workers, the workers can still enjoy the labor rights and protection stipulated in the Labor Law.

To sum up, not buying social security does not deny the existence of labor relations. In labor relations, employers are obliged to buy social insurance for workers, but buying social insurance is not a necessary condition for the existence of labor relations. The existence of labor relations also needs to consider other factors, such as the labor contract between the employer and the employee, wage payment records, work arrangements, etc.

Legal basis:

Paragraph 1 of Article 3 of the Labor Law of People's Republic of China (PRC) stipulates: "Laborers enjoy equal employment and choice of occupation, remuneration, rest and vacation, labor safety and health protection, vocational skills training, social insurance and welfare, submission of labor disputes and other labor rights stipulated by law."