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What employment relationship does not need to pay social security?
part-time jobs/work
Part-time employment refers to the form of employment 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. Because of the working hours and nature of part-time workers, there is usually no need to pay social insurance for them.
The second is retired rehired personnel.
Retired and re-employed persons refer to those who have gone through retirement procedures but are re-employed because of work needs. Because they have already enjoyed social insurance benefits, they usually don't need to pay social insurance.
Third, interns.
Interns refer to those who go to enterprises and other units for practical study under the organization of schools or training institutions. Because there is no formal labor relationship between interns and employers, there is usually no need to pay social insurance for them.
Fourth, part-time workers.
Part-time employees refer to those who engage in other jobs in their spare time outside their main business. Because of the working hours and nature of part-time workers, and because they may have paid social insurance in their main occupations, it is usually not necessary to pay social insurance again in part-time jobs.
Five, labor dispatch personnel
Labor dispatch personnel refer to the personnel sent by the labor dispatch unit to work in the employing unit. Due to the cooperative relationship between the labor dispatch unit and the employer, the social insurance payment responsibility of the labor dispatch personnel is usually borne by the labor dispatch unit, and the employer usually does not need to pay social insurance for the labor dispatch personnel.
Six, individual industrial and commercial households employees
Employees of individual industrial and commercial households refer to those engaged in labor employed by individual industrial and commercial households. Due to the differences in scale and nature of individual industrial and commercial households and social insurance payment policies, individual industrial and commercial households in some areas may not need to pay social insurance for their employees.
To sum up:
In the employment relationship, taking part-time employees, retirees, interns, part-time employees, labor dispatchers, and employees of individual industrial and commercial households as examples, social insurance is usually not required. However, it should be noted that the specific situation needs to be judged according to local laws, regulations and policies. When employing people, the employing unit should understand the relevant laws and policies to ensure that the activities of employing people are carried out legally and in compliance.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 10 stipulates:
Employees should participate in basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, and employers and employees should jointly pay basic old-age insurance, basic medical insurance and unemployment insurance.
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.
Notice on Several Issues Concerning the Implementation of the Labor Contract System (No.354 issued by the Ministry of Labor [1996])
Article 13 stipulates:
When retirees who have enjoyed the pension insurance benefits are re-employed, the employer shall sign a written agreement with them to clarify the rights and obligations such as work content, remuneration, medical care and labor insurance benefits during employment. Retirees and employers shall perform their obligations in accordance with the employment agreement. If the written agreement is terminated in advance in the employment agreement, it shall be handled in accordance with the agreement of both parties. If there is no agreement, it shall be settled through consultation.
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