Have you paid social security and signed a labor contract?

Paying social security is not a labor contract.

The act of paying social security cannot be regarded as signing a labor contract with the employer. Because it is the legal obligation of the employer to pay social security for workers. The employer must sign a labor contract with the employee within one month from the date of employment.

The role of the labor contract:

1, labor contract is the basic form of establishing labor relations. It is a common practice all over the world to regard labor contract as the basic situation of establishing labor relations. This is because the delivery process is very complicated and ever-changing. The rights and obligations of contract workers in different industries and units are different in the process of labor. National laws and regulations can only stipulate the specific rights and obligations of both parties, which requires signing a labor contract to clarify the rights and obligations.

2. Labor contract is an important means to promote the rational allocation of labor resources. The employing unit may, according to the depth of business or the needs of work, determine the conditions and methods of employing workers, sign different types of labor contracts with different terms, give full play to the expertise of workers, and rationally use the labor force.

3, the labor contract is conducive to avoid or reduce labor disputes. The labor contract clearly stipulates the rights and obligations of the laborer and the employer, which is both a guarantee and a constraint for both parties to the contract, which is helpful to improve the consciousness of both parties to perform the contract and urge both parties to correctly exercise their rights and strictly perform their obligations. Because the conclusion and performance of labor contracts are conducive to avoiding or reducing the occurrence of labor disputes and stabilizing labor relations.

To sum up, social security refers to social insurance premiums paid by employers for employees in accordance with state regulations, including endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance. Paying social security is the legal obligation of the employer, aiming at providing basic social security for employees. However, signing a labor contract is a legal act to establish labor relations between employers and workers. The labor contract shall clearly stipulate the rights and obligations of both parties, including work content, work place, working hours, wages and benefits, job security, etc. Signing a labor contract is an important means to protect the rights and interests of employees and maintain the stability of labor relations.

Legal basis:

People's Republic of China (PRC) labor contract law

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Basic principles The conclusion of a labor contract shall follow the principles of legality, fairness, equality and voluntariness, consensus through consultation, honesty and credibility.

The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.