Many outsourcing companies do not buy social security for their employees.

Generally speaking, enterprises (actual employers) do not need to buy social security for outsourced employees. Because usually when an enterprise signs an agreement with an outsourcing labor service company (the actual employer), it will stipulate that the outsourcing labor service company will purchase social security for the outsourced employees, so the enterprise does not need to purchase social security for the workers. If the outsourcing contract is not clear, then the actual employer must apply for social security for the employees.

1. What are the advantages of enterprise labor outsourcing?

1. Through labor outsourcing, on the one hand, the labor outsourcing company is responsible for the trustee's related affairs, providing him with labor-related consultation and helping to safeguard his legitimate rights and interests from infringement. On the other hand, our company can effectively avoid employment risks for enterprises by providing relevant policy advice and giving reasonable suggestions.

2. By outsourcing labor services, enterprises can save a lot of office expenses, reduce the expenditure of software and hardware resources, avoid a lot of mechanical repetitive work of enterprise managers in the relevant personnel management process, and enable managers to invest in other management activities that can effectively increase enterprise value.

3, comprehensive service, improve the enthusiasm of employees. The labor outsourcing company handles all the personnel agency procedures for the trustee, which relieves the worries of employees, makes employees devote themselves to their work, enhances their sense of responsibility for the enterprise, and has a higher enthusiasm for work. Most importantly, compared with labor dispatch, the employing unit (employer) does not have to bear joint and several liability.

Second, the shortcomings of enterprise labor outsourcing (risk)

1, the risk of selecting an outsourcing unit. In the process of outsourcing business, if the service or skill level of the outsourcing company selected by the enterprise can not meet the management needs of the enterprise well, it is likely to damage the image and reputation of the enterprise. If the human resources in the outsourcing process change frequently and have different levels, it will bring risks to the development of enterprises.

2. Risks of labor outsourcing contracts. Outsourcing contract is the basis for outsourcing companies to implement outsourcing. If the contents of the contract are not detailed and thorough, the two sides will easily have differences. If the differences cannot be effectively resolved, enterprises need to bear many uncertain legal risks.

3. Risk of enterprise information disclosure. When an enterprise cooperates with a labor outsourcing company, it must pass some of its information to the outsourcing unit. Information * * * is conducive to communication and coordination between the two parties, but it will also increase the risks of enterprises, because the unfaithfulness or negligence of outsourcing units will lead to the loss of enterprise information resources and the disclosure of business secrets, and competitors can "take advantage of it"

To sum up, generally speaking, enterprises (actual employers) do not need to buy social security for outsourced employees. Because usually when an enterprise signs an agreement with an outsourcing labor service company (the actual employer), it will stipulate that the outsourcing labor service company will purchase social security for the outsourced employees, so the enterprise does not need to purchase social security for the workers.

Third, how can outsourcing companies protect their rights without paying social security?

The signing form of this labor contract is that you can sign a labor contract with your own company, or you can sign a full-time labor contract with your own cooperative third-party labor dispatch company or labor outsourcing company, so it is legal and there is no problem. However, since it is a full-time employment contract, which work unit is the main body of the contract? As a work unit that signs a contract, it should bear the personal social security of its employees according to law.

This is clearly stipulated in the labor contract law. As long as you have to pay the corresponding social security for employees within 30 days from the date of the establishment of the labor contract, it is obviously illegal not to pay social security. As a work unit, you need to bear certain legal risks. Whether you are a labor service company, an adventure company or a labor service outsourcing company, you need to bear the corresponding legal risks.

Because the payment or payment of social security by the company should be borne by the original employer, the labor outsourcing company has the responsibility and obligation to apply for employees' own wages and social security benefits in this original employer. If the non-payment of social security as a labor outsourcing company needs to bear certain joint and several liabilities, then the outsourcing company should not do so, and should pay employees' personal social security in time to avoid legal risks.

Legal basis:

Article 2 of the Social Insurance Law of People's Republic of China (PRC): The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance to protect citizens' right to get material help from the state and society according to law in case of old age, illness, industrial injury, unemployment and maternity.

Article 3 of the Social Insurance Law of People's Republic of China (PRC): The social insurance system adheres to the principles of wide coverage, basic protection, multi-level and sustainability, and the level of social insurance should be compatible with the level of economic and social development.

Article 4 Employers and individuals who pay social insurance premiums according to law in People's Republic of China (PRC) have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services.

Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.