Provisions on social security in labor contracts

Social insurance belongs to the national compulsory insurance, and all units and individuals that establish labor relations must participate, which is clearly stipulated in Article 72 of the Labor Law. Paragraph 7 of Article 17 of the Labor Contract Law also regards "social insurance" as an essential clause of the labor contract, which shows that the state attaches great importance to social insurance:

1. Because social insurance is a necessary clause in the labor contract, as long as employees form a labor relationship with the employer and sign a labor contract, the enterprise must pay social insurance premiums for employees in full and on time.

2. The premise for enterprises to pay social insurance for workers is that both parties establish labor relations and naturally sign labor contracts with workers.

3. The failure of enterprises to provide social insurance for workers does not necessarily mean that they have not signed labor contracts with workers, because it does not rule out that some enterprises have not strictly implemented the relevant provisions of the Labor Law and the Labor Contract Law.

4. There is no social security clause in the labor contract, which does not affect the validity of the contract. However, the laborer has the right to terminate the labor contract with the employer according to the provisions of Item 3, Paragraph 1, Article 38 of the Labor Contract Law, and ask the employer to pay the economic compensation and unpaid social insurance premiums stipulated in Article 47 of the Labor Contract Law.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.