Can the temporary employment service agreement be exempted from social security?

It needs to be analyzed and judged according to the specific situation.

First, the relationship between temporary workers and social security payment.

In China, social insurance is an important guarantee for workers' rights and interests, including pension insurance, medical insurance and unemployment insurance. According to the Social Insurance Law of People's Republic of China (PRC), the employer shall pay social insurance premiums for employees. This means that as long as there is a labor relationship, whether it is formal employment or temporary employment, the employer has the obligation to pay social security.

However, in practice, due to the particularity of temporary workers, some employers may avoid paying social security by signing labor service agreements. Whether this practice is legal or not needs to be judged according to the specific contents of the agreement and the provisions of laws and regulations.

Second, the content and legal provisions of the labor service agreement

Labor service agreement is a form of contract agreed by both parties, which is used to clarify the rights and obligations of both parties. If the responsibilities and methods of social security payment are clearly stipulated in the labor service agreement and conform to the provisions of relevant laws and regulations, both parties shall follow the agreement. However, if the agreement does not involve social security issues, or the contents involved violate the legal provisions, then the agreement may not necessarily have legal effect on social security.

According to the Labor Contract Law of People's Republic of China (PRC), a labor contract should have social insurance and other clauses. Although labor agreements and labor contracts are different in nature, they also need to abide by the provisions of relevant laws and regulations. Therefore, if the labor service agreement does not involve social security issues, or the content of the agreement violates the law, then the employer cannot refuse to pay social security on this ground.

Three. Risks and responsibilities

For employers, if they do not pay social security for temporary workers, they may face certain legal risks and responsibilities. In the event of work-related injuries, diseases and other situations that require workers to pay social security, the employer may have to bear additional economic compensation. At the same time, the reputation and image of the employer may also be damaged.

For workers, if the employer fails to pay social security for them, it will directly affect their future pension, medical care and other rights and interests. Therefore, workers should pay attention to social security issues when signing labor service agreements, and require employers to clarify relevant responsibilities and obligations.

To sum up:

Whether the temporary employment service agreement can be exempted from social security depends on the specific content of the agreement and the provisions of laws and regulations. The employing unit shall abide by relevant laws and regulations and pay social insurance premiums for temporary employment. Workers should also pay attention to their social security rights and ensure that the relevant responsibilities and obligations are clearly stipulated in the agreement. When signing a labor service agreement, both parties should fully communicate and understand the provisions of relevant laws and regulations to avoid possible legal risks and responsibilities.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 4 provides that:

Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights records, and require social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

People's Republic of China (PRC) labor contract law

Article 17 stipulates:

A labor contract shall have the following clauses: (7) Social insurance.