No labor contract can pay social security

Legal analysis: no labor contract can pay social security. Payment of social security is a clear obligation of the law, the law provides that the employer and the laborer must participate in social insurance and pay social insurance premiums according to law. As long as there is a labor relationship between the two parties, regardless of whether or not they have signed a labor contract with the employer, they should pay social security. Legal basis: The Social Insurance Law of the People's Republic of China Article 58 An employer shall, within 30 days from the date of employment, apply for social insurance registration with the social insurance agency for its employees. If the employer fails to register for social insurance, the social insurance agency shall approve the social insurance premiums to be paid by the employer. Individual entrepreneurs without employees who voluntarily participate in social insurance, part-time workers who do not participate in social insurance with their employers, and other flexibly employed persons shall apply for social insurance registration with the social insurance administration organization. The State establishes a nationally unified individual social security number. Individual social security numbers are citizens' identity numbers. Law of the People's Republic of China on Labor Contracts Article 3 The conclusion of a labor contract shall be based on the principles of legality, fairness, equality and voluntariness, consensus, and honesty and trust. Labor contracts concluded in accordance with the law are binding, and the employer and the worker shall perform the obligations agreed upon in the labor contract. Article 10 A written labor contract shall be concluded when a labor relationship is established. Where 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. Where an employer and a worker conclude a labor contract before employment, the labor relationship shall be established from the date of employment. Article 36 The employer and the worker may terminate the labor contract by consensus.