Does the employer need to pay insurance for the dispatched employees?

The employer shall pay insurance for the dispatched employee, as long as the labor dispatch agreement stipulates that the employee's social insurance must be paid. The labor dispatch agreement shall stipulate the number of dispatched positions and personnel, the duration of the dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for violating the agreement.

According to Article 59 of the Labor Contract Law of the People's Republic of China, a labor dispatch entity shall enter into a labor dispatch agreement with the employer that accepts the employment in the form of labor dispatch (hereinafter referred to as the "employing entity"). The labor dispatch agreement shall stipulate the number of dispatched positions and personnel, the duration of the dispatch, the amount and payment method of labor remuneration and social insurance premiums, and the liability for violating the agreement.

The employer shall determine the dispatch period with the labor dispatch unit according to the actual needs of the job, and shall not divide the continuous employment period into several short-term labor dispatch agreements.

Dispatched workers can pay insurance at the local social security office. According to the Social Insurance Law and other laws and regulations, employers shall pay various social insurance premiums for their employees. In layman's terms, under normal circumstances, an employer should pay social security premiums for its employees with whom it has an employment relationship.

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Hello! Social security. According to Article 58 of the Labor Contract Law:

If a dispatched employee establishes a labor relationship with a labor dispatch enterprise, the labor dispatch enterprise shall establish a social insurance relationship for the dispatched employee, open a social insurance account, and pay the social insurance premiums to be borne by the enterprise in accordance with the law. In other words, the labor dispatch unit must handle social insurance for employees, i.e., endowment insurance, medical insurance, work-related injury insurance, unemployment insurance and maternity insurance.

The social security of dispatched employees shall be paid by the employer.

The dispatch can be withheld from his salary. Because the employer of the dispatched worker is a dispatch company, and the social insurance is generally paid by the employer, the dispatching unit should pay the social insurance.

Social insurance must calculate a certain proportion borne by the insured according to the probability of occurrence of various risk accidents and the total amount of payment expenses estimated in advance according to the payment standard, which shall be used as the standard for determining the insurance rate. Moreover, unlike commercial insurance, the calculation of social insurance premiums, in addition to risk factors, also needs to consider more socio-economic factors to obtain a fair and reasonable rate. Social insurance refers to a social and economic system that provides income or compensation to a population that is incapacitated, temporarily unemployed, or has a loss due to health reasons.

The main items of social insurance include endowment insurance, medical insurance, unemployment insurance, work-related injury insurance, and maternity insurance.

The social insurance program is organized by **, forcing a certain group to form social insurance ** as a part of its income as a social insurance tax (fee), and under the condition of meeting certain conditions, the insured can receive a fixed income or loss compensation from **, it is a redistribution system, its goal is to ensure the reproduction of material and labor force and social stability.

In China, social insurance is an important part of the social security system, and it occupies a core position in the entire social security system. In addition, social insurance is a kind of contributory social security, and the funds are mainly paid by the employer and the worker himself, and the government will subsidize and bear the ultimate responsibility. However, only when the worker fulfills the statutory payment obligation and meets the statutory conditions can he enjoy the corresponding social insurance benefits.

Social Insurance Law of the People's Republic of China

Article 58 An employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay.

1. Does the labor dispatch unit have to pay insurance?

Dispatch workers are also subject to social security.

According to the provisions of the Social Insurance Law, enterprises have the responsibility and obligation to participate in the five types of insurance for their employees: endowment, medical care, unemployment, work-related injury, maternity insurance, and according to the Interim Provisions on Labor Dispatch, the dispatching unit shall pay social insurance premiums for the dispatched workers in accordance with the national regulations and the labor dispatch agreement, and go through the relevant procedures for social insurance. Therefore, the labor service company must pay social security for the labor workers.

The employer is obliged to pay social security for the employee, and if the labor company does not pay social security for the labor dispatch personnel, it will be punished. According to the regulations, if an employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit, and if it fails to pay within the time limit, it may impose a late payment penalty.

Articles 38 and 46 of the Labor Contract Law stipulate that if an employer fails to pay social insurance premiums for an employee in accordance with the law, the employer may terminate the labor contract and the employer shall pay economic compensation.

Therefore, if the employer fails to pay social insurance and is unable to make up the losses caused to the employee, the employee may file a lawsuit against the employer for compensation in accordance with the law.

2. Labor dispatch contract.

After the implementation of labor dispatch, the actual employer and the labor dispatch organization sign the Labor Dispatch Contract, the labor dispatch organization signs the Labor Contract with the labor personnel, and the actual employer signs the Labor Service Agreement with the labor personnel, and there is only a user relationship between the employer and the labor personnel, and there is no employment contract relationship. The worker does not have an employment relationship with the employer where he or she works, but forms an employment relationship with another specialized unit such as a talent agency, and then the talent agency sends him to the employer to work, and the employer signs a dispatch agreement with the talent agency.

3. Labor dispatch.

Labor dispatch, also known as manpower dispatch, talent leasing, labor dispatch, labor leasing, and employee leasing, refers to a form of employment in which a labor dispatch agency signs a labor contract with a dispatched worker, dispatches the worker to another employer, and then the employer pays a service fee to the dispatching agency. The fact of labor payment occurs between the dispatched worker and the dispatching enterprise (the actual employing unit), the dispatching enterprise pays the service fee to the labor dispatch agency, and the labor dispatch agency pays the labor remuneration to the laborer. Labor dispatch originated in the United States, a capitalist country in the 20th century, and later spread to France, Germany, Japan and other countries.

In the 90s, in the reform of the labor system of China's state-owned enterprises, labor dispatch for the placement of laid-off workers appeared, which could be carried out across regions and industries. The annual salary is usually 230,000. Dispatch workers are generally engaged in low-skilled jobs, such as cleaners, security guards, salesmen, etc., and once the worker is old and infirm and his or her ability to work decreases, the dispatch company will refuse to renew the labor contract after it expires.