Labor agreement compulsory to buy social security

China's "Social Insurance Law" has clear provisions, if the parties have determined the relevant labor relations, and has determined the labor relations to sign a labor contract, signing a labor contract when the employer of this party must give the workers for the relevant social insurance.

1. in the signing of the labor contract whether to pay insurance?

For this question, China's "Social Insurance Law" has a clear provision, the provisions of which mentioned that if the parties have determined the relevant labor relations, and has determined the labor relations to sign the labor contract, signed a labor contract, the employer's side must give the workers for the relevant social insurance. Even if the workers do not want to participate in the social security, the employer's side of the workers for the corresponding social security, because the enterprise will have a social insurance check of the employees, in the inspection, for the employees who did not buy social security, the enterprise will have to carry out the corresponding insurance to buy.

There are also special circumstances in which certain people can not buy social security, so which people can not buy social security? The first is that retired staff can not buy social security when they are rehired; the second is that the person's social security relationship is not in the local area, but in other places, and social security relations have not been transferred to the place of work.

If the hired staff do not want to buy social security, for such a situation, the employer can take the following approach: the first is not want to buy social security staff for direct dismissal; the second is not want to buy social security staff for the relevant written notice, notify the party to carry out the purchase of social security, if the party insisted on not purchasing the social security, but the employer has caused damage to the social security system, the employer can not buy social security. If the party insists on not purchasing social security, but the employer has caused relevant losses and legal consequences, the party itself to bear the responsibility for the consequences. After the written notice is issued, if the staff member still does not want to buy social security, the staff member who does not want to buy social security will have to sign a letter of commitment, which mentions that the employer has emphasized that he/she has to buy social security, but he/she doesn't want to buy it for some reasons, and that he/she will have to bear all the results, economic losses or legal consequences after not buying social security. The reason for this is because the state will be on the enterprise from time to time to carry out social security inspections, in the inspection can go out the commitment used as an explanation, and for those who do not buy social security in the event of an accident, the employer can also use this commitment to avoid unnecessary compensation costs.

2. What are the characteristics and functions of social insurance in China?

In our country, the main features of social insurance have the following aspects:

(1) social insurance is objective, as workers have to buy the relevant social insurance, because the purpose of social insurance is to protect the rights and interests of workers.

(2) The object of social insurance is specific, mainly workers and their relatives and employers.

(3) Social insurance is mandatory, because it is mandatory, so you have to buy.

(4) Social insurance exists to make the labor force in the society better to carry out productive activities.

(5) The money used to buy social security is usually paid by the employer and the laborer himself, as well as the financial support from our country.

In our country, social insurance has the following functions:

(1) It plays a solid role in the production and living activities of our society.

(2) It has improved the social redistribution in our country.

(3) It is conducive to the continuous enhancement of the economic development of our society.

I hope the above can help you, if you have other questions please consult a professional lawyer.

Legal basis: "Chinese People's **** and State Labor Contract Law" Article 17 labor contract shall have the following terms: (a) the name, residence and legal representative or principal person in charge of the employer; (b) the worker's name, address, and resident identity card or other valid identification number; (c) the duration of the labor contract; (d) the work content and work location; (e) the work time and rest and vacation; (f) the work of the employer. (v) working hours and rest and vacation; (vi) remuneration for labor; (vii) social insurance; (viii) labor protection, working conditions and protection against occupational hazards; (ix) other matters stipulated by laws and regulations that shall be included in the labor contract. In addition to the mandatory provisions of the labor contract as stipulated in the preceding paragraph, the employer and the worker may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.