Do labor dispatch need to pay social security?

The labor dispatch unit needs to pay social security for the dispatched personnel. Otherwise, it shall be stipulated in the labor dispatch agreement that the employer shall pay social security. The Labor Contract Law stipulates that the labor dispatch agreement shall stipulate the amount and payment method of the social insurance premium of the dispatched personnel and the responsibility for violating the agreement. However, in any case, the labor dispatch unit or the employing unit must pay various social insurance premiums for the labor dispatch personnel, and cannot shirk and infringe on the rights and interests of the labor dispatch personnel.

The difference between dispatched workers and regular workers is as follows:

1. Dispatched employees are labor relations established with labor dispatch companies, not employers;

2. The social insurance of the dispatched employees shall be paid by the dispatching company;

3. The employing unit shall perform the following obligations to the dispatched employees: implement the national labor standards and provide corresponding working conditions and labor protection; Inform the dispatched workers of their job requirements and remuneration; Pay overtime pay and performance bonus, and provide post-related benefits; Provide necessary on-the-job training for dispatched workers; Continuous employment, the implementation of normal wage adjustment mechanism;

4. The employing unit shall not send dispatched workers to other employing units.

Labor dispatch, also known as talent dispatch, talent leasing, labor leasing and employee leasing, refers to the conclusion of labor contracts between labor dispatch agencies and dispatched workers. Labor dispatch business is a new way of employing people in China talent market in recent years, which can be carried out across regions and industries. The dispatched enterprise (actual employer) pays labor remuneration to the dispatcher. The labor contract is between the labor dispatch agency and the dispatched worker, but the fact of labor payment occurs between the dispatched worker and the dispatched enterprise (actual employer).

Legal basis:

Article 58 of People's Republic of China (PRC) Labor Contract Law

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

The labor dispatch unit shall conclude a labor dispatch agreement with the unit that accepts the 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.