What contract can I sign if I don't pay social security?

It mainly exists in part-time labor contracts, retirement and re-employment contracts, intern agreements, labor contracts and other specific types of agreements.

I. Part-time Labor Contract

Part-time labor contract refers to the employment form in which the average working hours of workers in the same employer are no more than four hours per day and the cumulative working hours per week are no more than twenty-four hours. According to the Labor Contract Law of People's Republic of China (PRC) and related regulations, part-time workers can conclude labor contracts with one or more employers, but the labor contracts concluded later will not affect the performance of the previous labor contracts. Due to the flexibility and short-term nature of part-time, social security contributions are usually not involved.

Second, retirement contracts.

Retirement and re-employment means that employers employ workers who have reached or exceeded the statutory retirement age to continue working. This kind of workers have enjoyed the basic old-age insurance benefits and no longer need the unit to pay social security for them. The "Retirement and Re-employment Contract" clearly stipulates the rights and obligations of both parties, as well as work content, remuneration and other matters, but does not involve social security payment.

Third, the internship agreement

Interns and employers signed an internship agreement, not an informal labor contract. Interns are usually students at school and accumulate practical experience through internships. Because interns are not formal employees of the employer, they generally do not need to pay social security for them. However, it should be noted that the rights and obligations between interns and employers need to be clearly stipulated in the internship agreement.

Fourth, the labor service contract

A labor contract refers to an agreement between a laborer and an employer for the purpose of completing a certain amount of labor or a certain labor result. There is only property relationship between the two parties to a labor contract, that is, economic relationship, and there is no administrative subordination relationship. Workers provide labor services, and employers pay labor remuneration, which does not involve social security payment.

To sum up:

Failure to pay social security after signing a labor contract mainly exists in some types of agreements, such as part-time labor contracts, retirement and re-employment contracts, intern agreements, labor contracts, etc. These contracts or agreements are unnecessary or inapplicable because of the different nature of workers' work, identity characteristics or employment forms. However, when signing these contracts or agreements, both parties still need to clearly stipulate their respective rights and obligations to ensure that the legitimate rights and interests of workers are protected.

Legal basis:

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

Article 68 provides that:

Part-time employment refers to a form of employment in which hours are the main reward, and the average daily working hours of workers in the same employer generally do not exceed four hours, and the cumulative working hours per week do not exceed twenty-four hours.

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

Article 70 provides that:

Both parties to part-time employment shall not agree on a probation period.

Regulations on the Implementation of the Labor Contract Law of the People's Republic of China

Article 19 stipulates:

Under any of the following circumstances, in accordance with the conditions and procedures stipulated in the Labor Contract Law, the employer may terminate a fixed-term labor contract, an open-term labor contract or a labor contract with the completion of certain tasks as the term: (5) The employee is proved to be unqualified for employment during the probation period.