Do construction enterprises need to pay social security for migrant workers?

1, the employer and the employee establish labor relations according to law; However, the employer has not established labor relations with the workers;

2. If the staff of the employing unit causes damage to others due to the execution of work tasks, the employing unit shall bear tort liability. During the period of labor dispatch, if the dispatched personnel cause damage to others due to the execution of work tasks, the employing unit that accepts labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear corresponding supplementary responsibilities.

Legal analysis

The employer's responsibility is different from that of the employer. Employer's liability refers to the special tort liability of the employee of the employer who causes damage to others in the course of work. The employer is the subject of compensation liability and is liable for the damage caused by the employee. The obligations of the employer include providing labor remuneration, rest and vacation, labor safety and health protection, vocational skills training, social insurance and welfare.

Taking construction enterprises as an example, the employer's employment responsibility has its particularity. Most of them appear in the form of migrant workers' interspersed work and assembly line work, which has the characteristics of short-term dispersion and great mobility. Their foremen provide employment information indirectly, which is similar to individual and phased contracting. Workers are generally recruited by the contractor, who pays wages and manages them. The correlation between workers and projects and employers is low. It is not directly subject to the daily management of construction enterprises, nor is it bound by their rules and regulations. Therefore, workers and construction enterprises as contractors cannot form a de facto labor relationship.

legal ground

Article 94 of the Labor Contract Law stipulates: "If an individual contractor employs laborers in violation of the provisions of this Law, causing damages to the laborers, the contracting unit and the individual contractor shall bear joint and several liability for compensation."

Paragraph 2 of Article 11 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates: "If a worker suffers personal injury due to production safety accidents in employment activities, the employer and the subcontractor know or should know that the employer who accepts the contracting or subcontracting business does not have the corresponding qualifications or conditions for safe production, and shall bear joint and several liability for compensation with the employer."