How to stipulate social security in the labor contract?

Legal analysis: 1. According to Article 72 of the Labor Law, employers and workers must participate in social insurance and pay social insurance premiums according to law.

2. Paragraph 3 of Article 38 of the Labor Contract Law stipulates that if the employer fails to pay social insurance premiums for the employee according to law, the employee may terminate the labor contract.

3. Paragraph 1 of Article 46 of the Labor Contract Law stipulates that if an employee terminates the labor contract in accordance with Article 38 of this Law, the employer shall pay economic compensation to the employee. Article 47 stipulates that the economic compensation shall be paid according to the number of years the laborer has worked in the unit and the standard of paying one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

4, if the employer violates the relevant provisions, workers can complain to the local labor security supervision institutions; If there is a labor dispute between the employee and the employer, they may apply to the labor dispute arbitration institution for arbitration.

Legal basis: People's Republic of China (PRC) Labor Contract Law.

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 To establish labor relations, 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 36 The employing unit and the employee may terminate the labor contract through consultation.