What are the provisions of the labor law to pay social security?

Legal analysis: 1. According to Article 72 of the Labor Law, employers and workers must participate in social insurance and pay social insurance premiums according to law.

2. Paragraph 3 of Article 38 of the Labor Contract Law stipulates that if the employer fails to pay social insurance premiums for the employee according to law, the employee may terminate the labor contract.

3. Paragraph 1 of Article 46 of the Labor Contract Law stipulates that if an employee terminates the labor contract in accordance with Article 38 of this Law, the employer shall pay economic compensation to the employee. Article 47 stipulates that the economic compensation shall be paid according to the number of years the laborer has worked in the unit and the standard of paying one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

4, if the employer violates the relevant provisions, workers can complain to the local labor security supervision institutions; If there is a labor dispute between the employee and the employer, they may apply to the labor dispute arbitration institution for arbitration.

The Labor Law has made the following provisions on labor contracts and labor relations:

Article 10 To establish labor relations, a written labor contract shall be concluded.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Legal basis: People's Republic of China (PRC) Labor Law.

Article 11 If the employer fails to conclude a written labor contract at the same time of employment, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly hired employee shall be implemented according to the standards agreed in the collective contract; If there is no collective contract or there is no agreement in the collective contract, equal pay for equal work shall be implemented.

The Social Insurance Law has made the following relevant provisions on employees' social insurance:

Tenth employees should participate in the basic old-age insurance, and employers and employees should pay the basic old-age insurance premium.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.

The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.