The relationship between labor relations and social security

Legal analysis: the scope of labor relations is wider. As long as there is an employment relationship between the two parties, one party pays the labor and the other pays the remuneration, which constitutes this relationship. Social security relations are based on labor relations and can be used as proof of factual labor relations. If there is no labor relationship between the two parties, the unit cannot pay social security for employees.

Legal basis: Article 10 of the Labor Contract Law of People's Republic of China (PRC) establishes labor relations, and a written labor contract shall be concluded. If 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. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 10 of the Social Insurance Law of People's Republic of China (PRC) * * * Employees shall participate in the basic old-age insurance, and both employers and employees shall pay the basic old-age insurance premium.