Can a labor contract require social security?

Labor contracts generally do not require social security.

When signing a labor service contract, the employer usually does not pay social security for employees. Labor contracts involve temporary or contractual work, and long-term labor relations are not established. In this case, the two parties do not constitute a labor relationship, and the employer has no legal obligation to purchase social security for employees. When there is a labor relationship, the employer must buy social security for employees, otherwise, employees can complain or report to the social security department if it is illegal.

The characteristics of the labor contract:

1. nature of contract: a labor contract refers to an agreement reached between an employer and a worker to complete certain labor contents and pay labor remuneration;

2. Rights and obligations: The labor contract usually stipulates the work content that the labor service provider must complete and the labor service fee that the employer should pay;

3. Term of the contract: the labor service contract can be a fixed-term contract, terminated after completing certain tasks, or an open-ended contract;

4. Social insurance: labor contracts generally do not contain social insurance payment clauses, but in some cases, according to legal provisions or mutual agreement, social insurance payment may also be included;

5. Application of law: The conclusion, performance, modification and dissolution of a labor contract are all bound by relevant laws and regulations, such as the Labor Contract Law.

To sum up, because labor contracts usually involve temporary or contract work, and long-term labor relations have not been established, employers generally do not pay social security for employees when signing labor contracts, which is different from the legal obligations when labor relations exist. The latter requires employers to purchase social security, and violations may face complaints or reports from workers.

Legal basis:

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

Article 60

The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis. Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.