Can the labor service agreement not pay social security?

The labor service agreement cannot be exempted from paying social security.

According to the Social Insurance Law of People's Republic of China (PRC), employers and individuals must participate in social insurance and pay social insurance premiums. Therefore, employers and individuals generally need to pay social insurance premiums in accordance with regulations when signing labor service agreements. Employers and individuals who fail to pay social insurance premiums according to regulations after signing the labor service agreement will face certain legal and economic responsibilities, and may be punished by fines, administrative detention and so on. At the same time, individuals who have not participated in social insurance will not be able to enjoy the rights and interests of social insurance such as medical insurance and endowment insurance when they need to enjoy social insurance benefits. Therefore, it is suggested that employers and individuals should pay social insurance premiums in accordance with regulations when signing labor service agreements to protect their social insurance rights and interests.

The criteria of social security accounting mainly include the following aspects:

1, payment base standard: social security payment base standard is the basis of social security accounting, and the base standard may be different in different regions and industries. Generally speaking, the payment base is a certain proportion of employees' wages, and the part exceeding a certain limit is no longer included in the payment base, and the specific standards need to be accounted according to local policies and regulations;

2. Payment ratio standard: Social security payment ratio refers to the proportion that employees and employers need to pay in social security payment. The contribution ratio of different social security projects may also be different. Common social security projects include endowment insurance, medical insurance, industrial injury insurance, maternity insurance, unemployment insurance and so on. Employees and employers need to pay corresponding social security fees in accordance with local policies and regulations;

3. Social security base adjustment standard: Social security base adjustment refers to the appropriate adjustment of social security contribution base according to factors such as employee wage level and price changes. The adjustment standard of social security base in different regions and industries may be different, which needs to be accounted according to local regulations;

4. Social security treatment standard: Social security treatment standard refers to the amount and scope of treatment that employees can get when they enjoy social security treatment. Different social security projects may have different treatment standards, which need to be accounted according to local policies and regulations.

To sum up, social security accounting standards may be adjusted due to changes in current political and economic factors. When employees pay social security, they need to know the latest policies and regulations in time to avoid affecting their social security rights and interests because they don't know the policies.

Legal basis:

Article 9 of People's Republic of China (PRC) Administrative Reconsideration Law

Citizens, legal persons or other organizations that a specific administrative act infringes upon their legitimate rights and interests may apply for administrative reconsideration within 60 days from the date of knowing the specific administrative act; However, unless the application period prescribed by law exceeds 60 days. If the statutory application period is delayed due to force majeure or other legitimate reasons, the application period will continue to be counted from the date when the obstacle is removed.

Article 6

Under any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law:

(a) refuses to accept the decision on administrative punishment such as warning, fine, confiscation of illegal income, confiscation of illegal property, order to suspend production or business, temporary suspension or revocation of license, temporary suspension or revocation of license, administrative detention, etc. ;

(2) Refusing to accept the decision to restrict personal freedom or to seal up, detain or freeze property and other administrative compulsory measures;

(three) refuses to accept the decision to change, suspend or revoke the license, license, qualification certificate and other documents;

(4) Refusing to accept the decision to confirm the ownership or use right of natural resources such as land, mineral deposits, streams, forests, mountains, grasslands, wasteland, beaches and sea areas;

(five) that the legitimate business autonomy has been violated;

(six) that the alteration or dissolution of the agricultural contract infringes upon their legitimate rights and interests;

(seven) that illegal fund-raising, property collection, apportionment of expenses or illegal requirements to perform other obligations;

(eight) that meet the statutory conditions, apply for the issuance of permits, licenses, qualification certificates, qualification certificates and other documents, or apply for examination and approval, registration related matters, not in accordance with the law;

(nine) to apply for the performance of legal duties such as the protection of personal rights, property rights and the right to education, and not to perform them according to law;

(ten) to apply for the payment of pension, social insurance or minimum living allowance according to law, but not according to law;

(eleven) that other specific administrative acts infringe upon their legitimate rights and interests.