Does the labor dispatch company need to pay social security to the dispatched workers?

Labor dispatch companies need to pay social security to the dispatched workers.

Because according to the regulations, the labor dispatch agreement should stipulate the amount and payment method of the social insurance premium of the dispatched personnel and the responsibility for violating the agreement. However, in any case, the labor dispatch unit or the employing unit must pay various social insurance premiums for the labor dispatch personnel, and cannot shirk and infringe on the rights and interests of the labor dispatch personnel.

Provisions on payment of social security by labor dispatch companies:

1. The dispatching unit has the obligation to pay social insurance premiums for the dispatched employees in accordance with national regulations and dispatching agreements, and handle relevant social insurance procedures;

2. In other words, workers have the right to enjoy social security, and the social security of labor dispatch workers is paid by the dispatching unit. However, in the process of dispatching workers, the social security of the dispatched workers is determined by the dispatching unit and the employing enterprise through consultation. Generally, the employer pays the money and sends the unit to handle social security. No matter how they negotiate, the social security of the dispatched workers cannot be less.

3. It is agreed that the labor dispatch company shall pay the labor remuneration and related treatment of the dispatched workers in accordance with state regulations and labor dispatch agreements;

4. The labor dispatch unit fails to set up a branch in the place where the employing unit is located:

The employer shall handle insurance formalities and pay social insurance premiums for the dispatched workers on behalf of the labor dispatch unit;

5. The labor dispatch unit is the employing unit referred to in this Law, and shall fulfill the obligations of the employing unit to the laborers. The labor contract concluded between the labor dispatch unit and the dispatched worker shall not only specify the matters specified in Article 17 of this Law, but also specify the employing unit, dispatch period and post of the dispatched worker.

6. The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than two years, and pay the labor remuneration on a monthly basis. During the period when the dispatched workers are not working, the labor dispatch unit shall pay the labor remuneration monthly according to the minimum wage standard stipulated by the local people's government.

To sum up, the labor dispatch company needs to pay social security for the dispatched workers. Because according to the regulations, the labor dispatch agreement should stipulate the amount and payment method of the social insurance premium of the dispatched personnel and the responsibility for violating the agreement. However, in any case, the labor dispatch unit or the employing unit must pay various social insurance premiums for the labor dispatch personnel, and cannot shirk and infringe on the rights and interests of the labor dispatch personnel.

Legal basis:

Article 8 of the Interim Provisions on Labor Dispatch

The labor dispatch unit shall perform the following obligations to the dispatched workers:

(a) truthfully inform the dispatched workers of the matters stipulated in Article 8 of the Labor Contract Law, the rules and regulations to be observed and the contents of the labor dispatch agreement;

(two) the establishment of training system, on-the-job knowledge, safety education and training for dispatched workers;

(three) according to the provisions of the state and the labor dispatch agreement, pay the labor remuneration and related treatment of the dispatched workers according to law;

(four) in accordance with the provisions of the state and the labor dispatch agreement, pay social insurance premiums for the dispatched workers according to law, and go through the relevant procedures of social insurance;

(five) to urge the employer to provide labor protection and labor safety and health conditions for the dispatched workers according to law;

(six) to issue a certificate of dissolution or termination of the labor contract according to law;

(seven) to assist in handling disputes between dispatched workers and employers;

(eight) other matters stipulated by laws, regulations and rules.