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How do labor dispatch companies evade social security?

Legal analysis: 1, deposit social security

Dispatching companies register companies in places with lower rates, pay insurance for dispatched personnel and pay social security for some people. When inspecting and auditing the units that receive dispatched workers, the dispatching company selects some personnel information from those who pay social security, and the labor dispatching agency buys social security for employees in other cities, which saves the actual social security expenses of the employing enterprises. They can employ flexibly and recruit the needed employees at any time through the labor dispatch company.

2, do not pay social security

To be a real labor service company, the amount of import and export expenses is very large, wages are not in the public account, social security is not paid, and there is no running water of wages. The only thing that can be checked is the labor contract. This kind of dispatch, especially the basic workers, do not understand the laws and regulations such as the Social Security Law of People's Republic of China (PRC) and the Law on the Protection of Rights and Interests, but only know that their wages are paid monthly. The money saved by this labor service company is the hard-earned money of the workers.

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

Article 58 A 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.

Article 60 A labor dispatch unit shall not deduct the labor remuneration paid by the employer to the dispatched workers according to the labor dispatch agreement. Labor dispatch units and employers shall not charge the dispatched workers ". Here, after the unreasonable charges of labor dispatch units are cut off. Combined with the above 58 articles, experts analyzed that "the expected income of employers using labor dispatch will be greatly reduced compared with before, and the market scale of labor dispatch will also be reduced." "

Article 62 The employing unit shall perform the following obligations: inform the dispatched workers of their job requirements and remuneration; Pay overtime pay and performance bonus, and provide post-related benefits; ……

Article 63 The dispatched workers shall enjoy the right to equal pay for equal work with the workers of the employing unit. If the employing unit has no workers in the same position, it shall be determined by reference to the labor remuneration of workers in the same or similar positions where the employing unit is located.