What kind of labor contract do you sign without paying the five insurances?

If you don't pay social security, you usually sign a labor contract. There is a difference between a labor contract and a labor service contract. Labor contracts belong to labor relations and social security must be paid. Generally speaking, labor contracts can be exempted from social security, that is to say, people who complete certain tasks or work irregularly or have exceeded retirement age are all labor contracts. A contract that does not pay social security is called a labor service contract.

However, the labor contract must pay social security according to law. According to the relevant laws and regulations, the labor contract must specify the relevant provisions of social insurance, otherwise the laborer has the right to terminate the labor relationship.

The meaning of labor contract can be divided into broad sense and narrow sense. Some scholars believe that contracts can be divided into three categories according to the subject matter of payment, as follows:

1 is a contract with property as the payment object, such as sales contract, gift contract and loan contract;

2. It is a contract that pays for labor services, such as contract, entrustment contract, custody contract, employment contract, etc.;

3. It is a contract aimed at cooperation, such as a partnership contract.

The second kind of contract can be called labor service contract in a broad sense. A labor contract in a broad sense refers to all agreements related to the provision of live labor services (i.e. labor services). In a narrow sense, a labor contract only refers to an employment contract, that is, a contract in which both parties agree that one party provides labor services for the other party and the other party pays remuneration during a certain or uncertain period. Signing labor contracts with employees is generally temporary, similar to the nature of contracting. The labor contract signed by both parties does not belong to labor relations, and the employer may not pay social security for employees. The company signed a contract with employees, and the management mode has not changed. In fact, the relationship between the two parties is still labor, and the company should still pay social security. If you don't buy social security, there is a risk that social security agencies will recover late fees or fines. The employing unit shall handle social insurance registration for employees within 30 days from the date of employment; If it is not handled, the social insurance agency shall verify the social security fees payable by the employer. If there is a labor relationship between the two parties, the employer must buy social security for the employee, otherwise the employer acts illegally and the employee can complain to the local social security department. The two sides actually constitute labor relations. No matter whether the company signs a labor contract or a labor service contract with employees, or even does not sign any contract, the company should also buy social security for employees according to law, and it is not exempted from the obligation to buy because of the employees' consent or not.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 583 Where one party fails to perform its contractual obligations or fails to comply with the contract, and after performing its obligations or taking remedial measures, the other party still suffers other losses, it shall compensate for the losses.