Is it legal for labor service companies not to pay social security for employees?

It is illegal for a company not to buy social insurance for its employees, and the company should pay social insurance fees for employees on time according to law.

The social security of labor dispatch workers shall be paid by the labor dispatch unit. Because there is a labor relationship between the labor dispatch workers and the labor dispatch unit, the labor dispatch unit shall pay social security for the labor dispatch workers according to law. Moreover, when the dispatching unit pays social security, according to the general regulations, social security is paid by both the labor dispatching unit and the labor dispatching unit, and the part borne by the individual is deducted from the wages of the dispatched workers by the labor dispatching unit, and the labor dispatching unit also pays the social security fee according to the regulations. Therefore, it is illegal for labor dispatch units not to pay social security, and this kind of behavior can be reported directly to the local labor inspection department.

What should I pay attention to when signing a labor contract?

Under the current circumstances, the handling of details in foreign-related labor contracts can prevent, reduce and solve such foreign-related labor disputes to the maximum extent. And this kind of specific details processing is mainly reflected in the legal documents of foreign-related contracts. In practice, foreign-related labor contracts should pay special attention to the following ten items: basic information of workers: gender, date of birth, place of origin, address and telephone number.

1, the obligations and responsibilities of the employer, such as handling relevant visa and residence permit procedures for foreign laborers, managing laborers and providing accommodation and meals. Have the obligation to ensure the safety of workers. In view of past experience, it is necessary to stipulate that no discrimination, insult, corporal punishment of workers and deduction of wages are allowed.

2. Laborers' obligations and responsibilities, such as observing the laws and regulations of the host country and enterprise rules and regulations, observing social morality, not slacking off, not taking part-time jobs without permission, and the types of jobs and work practices engaged by job seekers. The type of work you are engaged in should indicate what kind of work you are engaged in, such as electrician on duty in the motor room or electrician in building lighting maintenance (because the wages of different types of work vary greatly), and the working hours include the employment period, and you should indicate when you know when to stop. A few days a week, a few hours a day. Usually take at least one day off every week. According to international practice, on holidays, workers should enjoy the holidays stipulated by the host country, such as National Day and Christmas.

3. Wages, allowances and subsidies. Generally, wages should be the same as those of local workers and other posts working in the host country, and they are usually calculated on time, daily or monthly based on I market prices. There is also a piece-rate payment based on workload. If it is outside working hours or working night shift, the employer shall pay or work night shift allowance. The lost time fee should be paid by the employer to the workers.

4, labor protection, employee personal insurance, work, illness or death treatment. Because of the different nature of the work that workers are engaged in, labor protection has its professional characteristics. The contract should stipulate that the employer must provide a place that meets the requirements of safe production and must pay labor protection fees or supplies according to the relevant regulations of the host country. Such as safety helmet, gloves and filter sunglasses. During working in the host country, in case of illness or work injury, the employer shall provide necessary medical treatment and purchase necessary medicines. The employing unit shall purchase personal accident insurance for the workers, so that the workers can get timely and reasonable compensation when they are accidentally injured, and the insurance premium shall be borne by the employing unit.

5. Vacation arrangements for migrant workers. Generally, if the contract period is more than one year, you can enjoy a certain holiday to visit relatives. During the holiday period, the employer only pays wages and does not pay allowances. Treatment of contract interruption caused by various reasons. According to Article 17 of China's Foreign-related Economic Law, a party can terminate the labor contract only if there is conclusive evidence to prove that it cannot perform the labor contract, and it must notify the employee 1 month in advance, otherwise it will compensate the employee 1 month, and the way to terminate the contract should be specified in the labor contract. For example, the employer should compensate the employee for not less than three months' salary and pay the employee's round-trip air ticket. Compensation for breach of contract. There are various forms of breach of contract, which can be generally divided into three categories: first, the employer breaches the contract; First, labor breach of contract; Third, both parties have breached the contract. Breach of contract will harm the interests of the other party. In practice, most employers default. If they don't arrange labor work according to the specified type of work, change jobs at will, and don't punish overtime expenses according to the regulations, it will insult the personality of the workers and lead to the failure to perform the contract. Therefore, the remedies and compensation methods for breach of contract should be indicated in the contract, and the losses caused to the other party are generally compensated by money.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

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

Article 58 Rights and obligations of labor dispatch units, employers and laborers. 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.

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 monthly; 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 59 A labor dispatch unit shall conclude a labor dispatch agreement with the unit accepting labor dispatch (hereinafter referred to as the employing unit). The labor dispatch agreement shall stipulate the number of dispatched posts and personnel, the dispatch period, the amount and payment method of labor remuneration and social insurance premiums, and the responsibility for violating the agreement.

The employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the post, and shall not divide the continuous employment period into several short-term labor dispatch agreements.