Should the employer pay social insurance for the dispatched employees?

Labor dispatch workers shall be paid five insurances and one gold by the dispatching unit.

1. According to Article 72 of the Labor Law and Article 4 of the Social Insurance Law, employers and employees must participate in social insurance and pay social insurance premiums according to law. The dispatching unit of labor dispatch workers is the employing unit and should be paid by the dispatching unit. Individual workers bear social insurance premiums and provident funds, and some dispatching units withhold and remit them from their wages.

2. Article 72 of the Labor Law determines the sources of social insurance funds according to the types of insurance, and gradually implements social co-ordination. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

3. "Social Insurance Law" Article 4 Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights and interests records, and require social insurance agencies to provide social insurance consulting and other related services.

4. Article 58 of the 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.

5. The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched worker for more than two years, and pay the labor remuneration on a monthly basis; 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.

Extended data:

Part two? Labor dispatch

Article 57? To engage in labor dispatch business, the following conditions shall be met:

(a) the registered capital of not less than 2 million yuan;

(2) Having a fixed business place and facilities suitable for conducting business;

(3) Having a labor dispatch management system that complies with the provisions of laws and administrative regulations;

(4) Other conditions stipulated by laws and administrative regulations.

Engaged in labor dispatch business, it shall apply to the labor administrative department for administrative license according to law; If it is approved, it shall go through the corresponding company registration according to law. Without permission, no unit or individual may engage in labor dispatch business.

Article 58? 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 specify the provisions of Article 17 of this Law? In addition to the prescribed matters, it shall also specify the employer, dispatch period and post of the dispatched workers.

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.

The employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the post, and shall not divide the continuous employment period into several short-term labor dispatch agreements.

Article 60? The labor dispatch unit shall inform the dispatched workers of the contents of the labor dispatch agreement.

The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched workers according to the labor dispatch agreement.

Labor dispatch units and employing units shall not charge the dispatched workers.

Article 61? Where a labor dispatch unit dispatches workers across regions, the remuneration and working conditions enjoyed by the dispatched workers shall be implemented in accordance with the standards of the place where the employing unit is located.

Article 62? The employing unit shall perform the following obligations:

(a) the implementation of national labor standards, provide corresponding working conditions and labor protection;

(2) Informing the dispatched workers of their job requirements and remuneration;

(3) Pay overtime pay and performance bonus, and provide post-related benefits;

(four) to provide necessary on-the-job training for the dispatched workers;

(five) continuous employment, the implementation of normal wage adjustment mechanism.

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

Article 63? The dispatched workers have the right to equal pay for equal work with the workers of the employing unit. The employing unit shall, in accordance with the principle of equal pay for equal work, implement the same labor remuneration distribution method for dispatched workers and workers in similar positions in the unit. If the employing unit has no workers in the same position, it shall be determined by reference to the labor remuneration of workers in the same or similar positions where the employing unit is located.

The labor contract concluded between the labor dispatch unit and the dispatched laborer and the labor dispatch agreement concluded with the employing unit shall specify or stipulate that the labor remuneration paid to the dispatched laborer shall comply with the provisions of the preceding paragraph.

Article 64? The dispatched workers have the right to join or organize trade unions in the labor dispatch unit or the employing unit according to law to safeguard their legitimate rights and interests.

Article 65? The dispatched workers may, in accordance with the provisions of Article 36 of this Law? Article 38? Provisions on the termination of labor contracts by labor dispatch units.

There is Article 39 of this Law for dispatching laborers? What about Article 40? In case of the circumstances specified in the first and second paragraphs, the employer may return the employee to the labor dispatch unit, and the labor dispatch unit may terminate the labor contract with the employee in accordance with the relevant provisions of this Law.

Article 66? Labor contract employment is the basic employment form of Chinese enterprises. Labor dispatch is a supplementary form, which can only be implemented in temporary, auxiliary or alternative jobs.

Temporary work mentioned in the preceding paragraph refers to work with a working time of no more than six months; Auxiliary posts refer to non-main business posts that provide services for main business posts; Alternative work refers to the work that can be replaced by other workers in a certain period of time when the employees of the employer are unable to work due to full-time study, vacation and other reasons.

The employing unit shall strictly control the number of labor dispatch, and shall not exceed a certain proportion of its total employment, and the specific proportion shall be stipulated by the labor administrative department of the State Council.

Article 67? The employing unit shall not set up a labor dispatch unit to dispatch workers to the unit or its subordinate units.

Baidu Encyclopedia-People's Republic of China (PRC) Labor Contract Law