Why can labor dispatch not pay social security?

Labor dispatch is very common in real life, that is, workers sign labor contracts with labor dispatch companies and are sent to work in another company, while companies sign labor dispatch agreements. As an employer, it is a legal obligation for the company to pay social security for the workers after they join the company. Who is the employer and how to confirm the labor relationship?

According to the law, the labor dispatch company signs labor contracts with the dispatched workers, so the labor dispatch company is an employer and should fulfill the obligations of the employer to the workers. Therefore, the social security of the dispatched workers is paid by the labor dispatch company. If the dispatched workers are not paid social security, the labor dispatch company shall bear the responsibility.

As for labor relations, it refers to the legal relationship between workers and employers when they sign labor contracts according to law. Its subject is certain, that is, one party is the employer and the other is the laborer.

legal ground

Article 18 of the Interim Provisions on Labor Dispatch: "If a labor dispatch unit dispatches laborers across regions, it shall participate in social insurance for the dispatched laborers at the place where the employing unit is located, pay social insurance premiums according to the regulations of the place where the employing unit is located, and the dispatched laborers shall enjoy social insurance benefits in accordance with state regulations."

Article 19: "If a labor dispatch unit establishes a branch in the place where the employing unit is located, the branch shall go through the insurance formalities for the dispatched workers and pay social insurance premiums. If the labor dispatch unit fails to set up a branch in the place where the employer is located, the employer shall handle the insurance formalities for the dispatched workers on behalf of the labor dispatch unit and pay the social insurance premium. "