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Can labor contracts pay social security
1, the labor contract is generally temporary, similar to the nature of the contract, is a labor contract, signed labor contract, the two sides do not belong to the labor relationship, the employer is not to pay social security to employees.
2, the two sides if the labor relationship, the labor law does not apply, the employer can not pay social insurance to provide labor, but you can buy personal accident insurance as a supplement to avoid the legal risks of the employment process.
3, the parties signed a labor contract, the employer does not need to provide labor to pay social security. Employers and workers have a labor relationship between the employer should apply for social insurance registration within 30 days from the date of employment, pay social insurance premiums.
4. If an employer fails to register for social insurance, the social insurance administrative department shall order the employer to make corrections within a certain period of time; if the employer fails to make corrections within that period of time, the employer, its directly responsible supervisors and other directly responsible persons shall be fined.
5, the labor contract does not provide for the payment of social security, social security and whether the tax withholding according to the labor contract, the labor contract is subject to civil and economic law, not subject to labor law, no need to record. Need to pay attention to the subject treatment, remuneration, the employer's obligations, etc.
One, the difference between labor contracts and labor contracts are:
1, the subject is different.
The subject of the labor contract can be both units, can both be natural persons, but also one party is a unit, the other party is a natural person; while the subject of the labor contract is determined, can only be the acceptance of labor for the unit, the party providing labor is a natural person.
2, the relationship between the parties is different.
The labor contract between the two sides with leadership and leadership, domination and domination of the subordinate relationship; labor contract between the two sides of the status of equality from beginning to end.
3, the main body of labor risk responsibility is different.
Labor contract workers in the provision of labor in the process of the risk of responsibility must be borne by the employer; labor contract to provide labor on their own risk responsibility.
4, the degree of legal intervention is different.
The labor contract for the payment of labor compensation known as wages, laws and regulations stipulate the minimum wage, wages, etc.; while the labor contract for the payment of labor compensation known as the labor fee, mainly by the two parties to negotiate the price and payment, etc., the state law is not excessive intervention.
Two, sign a labor contract to sign the conditions required:
1, the employer's name, residence and legal representative or person in charge;
2, the worker's name, address, and resident identity card or other valid identity card number;
3, the term of the labor contract;
4, the work content and workplace;
5, working hours and rest and vacation;
6, labor remuneration;
7, social insurance;
8, labor protection, labor conditions and protection against occupational hazards;
9, laws and regulations should be included in the labor contract of the other matters
Summary of the above, in general, you would like to sign the contract of labor is not required to pay the employee to the Social security labor contract is generally temporary; if the two sides of the labor contract relationship, the employer must pay social security to employees.
Legal basis:
Labor Contract Law
Article 8
The employer, when recruiting workers, shall truthfully inform the workers of the content of the work, the working conditions, the working place, the occupational hazards, the state of production safety, the labor remuneration, and other information requested by the workers; the employer has the right to know about the basic information of the workers which is directly related to the labor contract. The employer shall have the right to know the basic conditions of the worker directly related to the labor contract, and the worker shall explain them truthfully.
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