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Is there really no need to pay social security in a labor contract?

No need to pay. According to the "Labor Contract Law of the People's Republic of China" and the "Social Insurance Law of the People's Republic of China" and other relevant regulations, it is the employer's responsibility to pay social insurance premiums for employees. The two parties signing a labor contract do not have the status of employer or worker, so they do not need to pay social security.

You do not have to pay social security when signing a labor contract in my country. Service contracts are generally temporary and similar in nature to a contract. When a labor contract is signed, the two parties do not have a labor relationship, and the employer does not need to pay social security to its employees. If there is a labor relationship between the two parties, the employer must purchase social security for the employee. Then the employer's behavior is illegal, and the employee can complain and report to the local social security department.

For those who have not registered for social insurance, the social insurance agency shall determine the social insurance premiums they should pay. If the employer fails to declare the amount of social insurance premiums payable in accordance with regulations, the social insurance agency will temporarily determine the amount payable based on 110% of the unit's last month's payment amount; if there is no last month's payment amount, the social insurance agency will temporarily determine the amount payable. The amount payable is determined based on the unit's operating conditions, number of employees, local average salary of employees in the previous year, and other relevant information. After the employer completes the declaration procedures, the social insurance agency will settle the payment in accordance with regulations.

1. Does the labor relationship not require social security?

For the labor contract signed, the company does not need to pay social security to the employees.

1. Labor service contracts are generally temporary and similar in nature to a contract. When a labor contract is signed, the two parties do not have a labor relationship. The employer does not need to pay social security to its employees.

2. If there is a labor relationship between the two parties, the employer must purchase social security for the employee. Otherwise, the employer’s behavior is illegal, and the employee can complain to the local social security department. ,report.

2. The difference between labor contract and labor service contract

1. The nature of the contract is different. An employment contract is a contract in which an employee provides services to the employer; a labor contract is a labor employment contract that determines the labor relationship between the employer and the employee.

2. The purpose of the contract is different. The purpose of an employment contract is to provide labor services, and the employer's control over the employee's labor behavior is the subject of the contract, while the labor contract is for the purpose of the employee becoming an internal member of the employer.

3. The degree of state intervention is different. The employment contract more reflects the autonomy of the parties and is the result of equal consultation and consensus between the parties. The degree of state intervention is relatively small. In addition to reflecting the autonomy of the parties, the labor contract also reflects more state intervention. The labor law has no influence on the contract. Special provisions have been made for the conclusion of the contract, the employer's obligations, working conditions, labor protection, minimum wages, contract termination, etc., which reflects the state's special protection for workers.

4. The subjects and their relationships are different. In a labor contract, one party is the employee and the other party is the employer. Its scope of application is limited to the employer's employment. After workers become internal members of the employer, they must abide by its internal rules and regulations and must undertake certain types of work or positions. The worker and the employer are in a subordinate relationship between the leader and the leader. The labor contract does not have the above characteristics.

5. Legal adjustments are different. Labor contracts are regulated by labor law; employment contracts should be regulated by civil law. Although the Contract Law does not explicitly stipulate this, in judicial practice it is adjusted by civil law.

6. The procedures for handling contract disputes are different. When a dispute arises in a labor contract, it must go through pre-arbitration procedures before the judicial authorities can intervene. The dispute should be handled according to the provisions of the labor law. The arbitration institution or court can judge the employer to continue to perform the labor contract; similarly, the termination of the contract should follow certain statutory provisions. program. When there is a dispute over an employment contract, the court can directly accept it and apply the provisions of the civil law; there are no special procedures for termination, and both parties can terminate the employment relationship at any time.

I hope the above content will be helpful to you. If you have any questions, please consult a professional lawyer.

Legal basis:

Article 70 of the "Labor Contract Law of the People's Republic of China"

The state develops social insurance and establishes a social insurance system , establish a social insurance fund to enable workers to receive assistance and compensation in the event of old age, illness, work-related injury, unemployment, childbirth, etc.

Article 60 of the "Social Insurance Law of the People's Republic of China"

The employer shall declare on its own and pay social insurance premiums in full and on time, except for legal reasons such as force majeure. Deferred payment and exemption. The social insurance premiums that employees should pay shall be withheld and paid by the employer, and the employer shall notify the employee of the details of the social insurance premiums paid on a monthly basis.

Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employer, and other flexible employment personnel can pay social insurance premiums directly to the social insurance premium collection agency.