Social security clause of labor law

The Labor Law of People's Republic of China (PRC) stipulates that the employer shall not default on social insurance premiums without reason, and every worker has the right to enjoy social insurance.

Social insurance is mainly through raising social insurance funds, adjusting social insurance funds in a certain range, and giving necessary help to workers when they encounter labor risks. Social insurance provides basic living security for workers. Workers can enjoy social insurance benefits as long as they meet the conditions for enjoying social insurance, that is, they have established labor relations with employers or paid various social insurance premiums according to regulations. Social insurance is the core content of social security system.

Social insurance refers to the system that the state establishes a social insurance fund through legislation to provide necessary material assistance to workers who participate in labor relations when they lose their ability to work or are unemployed. Social insurance is not for profit.

Social insurance is an important part of the social security system and occupies a core position in the whole social security system. In addition, social insurance is a contributory social security. The funds are mainly paid by employers and workers themselves, and the government finances give subsidies and bear the ultimate responsibility. However, workers can only enjoy the corresponding social insurance benefits if they fulfill their statutory payment obligations and meet the statutory conditions.

The functions of social insurance are as follows:

1, the function of stabilizing social life;

2. The function of redistribution;

3, the function of promoting social and economic development:

(1) As an important tool of demand management, social insurance system plays an active role in economy;

(2) Effective utilization of social insurance funds can promote sustained economic prosperity;

(3) Social security has become the basic condition for enterprises to recruit talents.

legal ground

Labor law of the people's Republic of China

Article 73 Laborers shall enjoy social insurance benefits according to law under the following circumstances:

(1) Retirement;

(2) Being sick or injured;

(3) Being disabled at work or suffering from occupational diseases;

(4) unemployment;

(5) bearing.

After the death of an employee, his survivors shall enjoy the survivors' allowance according to law.

The conditions and standards for workers to enjoy social insurance benefits shall be stipulated by laws and regulations.

Social insurance premiums enjoyed by workers must be paid in full and on time.