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Is it necessary to purchase social security for labor service agreement?
Legal analysis: the company does not need to pay social security for the employees in the signed labor contract. Companies that sign labor contracts do not need to pay social security to their employees. Because labor contracts are generally temporary and similar in nature, both parties who sign labor contracts do not belong to labor relations, and employers may not pay social security to employees. If the labor contract stipulates to pay social security for workers, then the company should pay according to the performance agreed in the contract. If there is no agreement in the labor contract to pay social security for the workers, then the company may not pay social security.
Legal basis: Article 2 of People's Republic of China (PRC) Labor Contract Law This Law is applicable to the establishment of labor relations between People's Republic of China (PRC) and enterprises, individual economic organizations, private non-enterprise units and other organizations (hereinafter referred to as employers) in China, and the conclusion, performance, alteration, dissolution or termination of labor contracts. State organs, institutions, social organizations and laborers who have established labor relations with them shall conclude, perform, modify, dissolve or terminate labor contracts in accordance with this Law.
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