Is it mandatory for employees to be paid social insurance through a labor dispatch company?

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 in accordance with the law.

In the legal relationship of labor dispatch, the labor service company is the employer, and the labor service company shall bear the legal obligations that the employer should perform, including the payment of social insurance for the employee. It is illegal to fail to pay insurance for the employee in accordance with the regulations.

According to the law, the insurance payment method of labor dispatch personnel shall be determined through negotiation between the labor dispatch entity and the unit accepting the employment in the form of labor dispatch, and shall be written in the labor dispatch agreement. However, no matter how it is agreed, the labor dispatch unit or the employing unit must pay various social insurance premiums for the labor dispatch personnel, and cannot shirk each other and infringe on the rights and interests of the labor dispatch personnel.

Article 59 of the Labor Contract Law provides that 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.

The first thing to say is that you didn't study the Labor Code. The Labor Law stipulates that employees who leave their jobs for reasons other than the enterprise are not entitled to unemployment benefits and economic compensation.

If you choose the method of personal resignation, you will not get any compensation. Secondly, email is also evidence, it is a paperless office, as long as you don't delete it. Third, the payment base of social security is 300%-60% of the individual's monthly basic salary or the local average salary of the previous year, of which the individual bears about 11%.

At present, most labor dispatch companies choose to register for insurance in places with the lowest proportion of domestic social security contributions, and the proportion of personal burden may be very low. I don't know if that's what you know. Finally, it is a good thing for individuals to store files in the talent exchange center, in addition to paying part of the management fee, it can reduce a lot of unnecessary trouble.

As for whether the contract is recorded, the key is whether you have paid social security contributions. (Mobile phone cash loan, ready to meet your consumption needs!) ）

Is it okay for the social security of labor dispatch personnel to be paid by the dispatch company and the wages to be paid by the employer?

Hello, yes, the wages of labor dispatch workers are paid directly to the dispatched employees by the employing unit, so as to avoid the illegal dispatch unit running away with the payment. Article 92 of the Labor Contract Law stipulates that if a labor dispatch entity violates the provisions of this Law by engaging in labor dispatch business without permission, the labor administrative department shall order it to stop the illegal acts, confiscate the illegal gains, and impose a fine of not less than one time but not more than five times the illegal gains; If Lao Zi has no illegal gains, he may be fined less than 50,000 yuan.

It is a labor dispatch system.

In fact, it is also a kind of full-time employment. It's just that the characteristics of students are that they can't sign a contract directly with their own work unit. Employment contracts are usually created by a third-party company, also known as a labor dispatch company.

Relationship. If it is a full-time labor contract, it should have a labor law in accordance with the law.

The prescribed social security benefits are what we call the five insurances.

As a labor dispatch employee, is its social security paid by the employer or the labor dispatch company? In fact, who to sign a contract with, then according to which unit should pay social security, that is also a clear provision of the labor law. Obviously, if you have established a labor contract relationship with a labor dispatch company, then it is natural for the labor dispatch company to pay social security, which is undoubted.

However, because of the labor dispatch company, it is only a manpower agency company, and it does not have its own employment standards. Therefore, the real labor cost and the cost of labor expenditure are completely paid by the employing unit, so in the end, in fact, it is actually attributed to which unit bears the social security expenses, obviously it is still the employing unit, but in the subordination of the labor contract relationship, you have no direct relationship with the employing unit, but its labor cost is definitely paid according to the employing unit. Therefore, the cost of our social insurance is paid by the employer, but the main body of social security is the labor dispatch company.

In fact, if you sign a contract with a third-party labor dispatch company, then in fact, in the process of inquiring about social security, your employer is the labor dispatch company, not the employer. We can see at a glance that there is no need to worry about this matter, you just need to enjoy social security normally. The cumulative payment period of our social security can be calculated normally, whether it is based on the labor dispatch company or the accumulation period through the employing unit, including your payment process, and finally the retirement pension.

In the process, there will be no impact in the slightest.

As a labor dispatch employee, the biggest difference is from a regular employee.

There are some other benefits, such as the possibility that regular employees can enjoy huge bonus benefits, and they can also experience huge year-end bonuses.

Treatment. However, as our labor dispatch system employees may not have a huge amount of bonus benefits, and at the same time, there will be no huge year-end bonus treatment, so this is an essential difference, and the final comprehensive income may be very different from that of regular employees.

It is to be paid by the dispatch company, and there is no contract between the employer and the dispatched employee, and the contract for the dispatched employee is signed with the dispatch company.

The payment is made by the labor dispatch company. Dispatched employees are different in nature from employers.

In the legal relationship of labor dispatch, the labor service company is the employer, and the labor service company shall bear the legal obligations that the employer should perform.

Legal analysis: The social insurance of labor dispatch workers is not directly paid by the employer, because the social security is paid by the unit that has established a labor relationship with the employee, and the social insurance of the labor dispatch personnel should be paid by the labor dispatch company.

Legal basis: Labor Contract Law of the People's Republic of China

Article 61 Where a labor dispatch unit dispatches workers across regions, the labor remuneration and working conditions enjoyed by the dispatched workers shall be implemented in accordance with the standards of the place where the employing unit is located.

Article 62 Employing units shall perform the following obligations:

1) Implement national labor standards and provide corresponding labor conditions and labor protection;

2) Inform the dispatched worker of the work requirements and remuneration;

3) Pay overtime pay and performance bonuses, and provide job-related benefits;

4) Conduct the necessary training for the dispatched workers on the job;

5) In the case of continuous employment, the normal wage adjustment mechanism shall be implemented.

The employer shall not re-dispatch the dispatched worker to another employer.