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Is it necessary to pay social security for labor relations?
Companies that sign labor contracts do not need to pay social security to their employees. Because labor contracts are generally temporary and similar in nature, both parties who sign labor contracts do not belong to labor relations, and employers may not pay social security to employees. However, according to the Labor Contract Law of People's Republic of China (PRC), the Social Insurance Law of People's Republic of China (PRC) and other relevant regulations, it is necessary to pay social security fees for workers when signing labor contracts.
Legal objectivity:
Notice of the Ministry of Labor and Social Security on Relevant Matters Concerning the Establishment of Labor Relations Article 2 Where an employing unit has not signed a labor contract with an employee, it may refer to the following documents when determining that there is a labor relationship between the two parties: (1) wage payment vouchers or records (roster of employees' wages) and records of paying various social insurance premiums; (2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee; (3) Employment records such as Registration Form and Application Form filled out by employees; (4) attendance records; (5) Testimonies of other workers, etc. Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.
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