Can the labor contract not buy social security?

A labor contract can't be without buying social security.

First, the relationship between labor contract and social security

A labor contract is an agreement between an employer and a worker to establish a labor relationship and clarify the rights and obligations of both parties. Social security, that is, social insurance, is a social security system established by the state to ensure that citizens get material help from the state and society according to law in cases of old age, illness, work injury, unemployment and maternity. According to the law of our country, after signing a labor contract with the employee, the employer shall pay social insurance premiums for the employee according to law.

Second, the importance of social security.

Social security is of great significance to workers. It is not only a basic right of workers, but also an important guarantee when workers face risks. Through social security, workers can get a pension when they are old, medical insurance when they are sick, compensation from work injury insurance when they are injured, unemployment insurance when they are unemployed, and maternity insurance when they are born. Therefore, it is an important embodiment for employers to pay social security for workers to protect their rights and interests.

Three. Employer's obligation

According to the relevant provisions of the Labor Law of People's Republic of China (PRC) and the Social Insurance Law of People's Republic of China (PRC), after signing a labor contract with the employee, the employer shall pay the social insurance premium for the employee in full and on time. This is the legal obligation of the employer, and it is also the social responsibility that the employer should bear. If the employer fails to pay social insurance premiums for the workers according to law, the workers have the right to ask the employer to pay them back, and they can complain and report to the relevant departments.

To sum up:

A labor contract can't be without buying social security. After signing a labor service contract with the employee, the employer shall pay social insurance premiums for the employee according to law, which is the legal obligation and social responsibility of the employer. Social security is of great significance to workers, and it is an important guarantee when workers face risks. Therefore, employers should strictly abide by relevant laws and regulations, pay social insurance premiums for workers and protect their legitimate rights and interests.

Legal basis:

Labor law of the people's Republic of China

Article 72 provides that:

Employers and workers must participate in social insurance and pay social insurance premiums according to law.

People's Republic of China (PRC) social insurance law

Article 4 provides that:

Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights records, and require social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

People's Republic of China (PRC) social insurance law

Article 58 provides that:

The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.