1. Does the worker not sign a labor contract for social security?
Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. It can be seen that the payment of social insurance premiums is a legal obligation of the employer and the employee, and as long as there is an employment relationship between the two parties, regardless of whether the labor contract is signed or not, they should be paid.
2. Labor contract
An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The labor contract is legally binding immediately and the parties must fulfill their obligations under the labor contract.
According to the first paragraph of Article 16 of the Labor Law of the People's Republic of China (hereinafter referred to as the "Labor Law"), a labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. According to this agreement, the worker joins an enterprise, individual economic organization, public institution, state organ, social organization and other employers, becomes a member of the unit, undertakes certain types of work, positions or duties, and abides by the internal labor rules and other rules and regulations of the employer;The employer shall arrange the work of the hired workers in a timely manner, pay labor remuneration according to the quantity and quality of the labor provided by the employees, and provide necessary working conditions in accordance with the provisions of labor laws, regulations and labor contracts, so as to ensure that the employees enjoy labor protection, social insurance, welfare and other rights and benefits.
3. Invalid labor contract
An invalid labor contract refers to an employment contract that does not meet the statutory requirements and cannot have the expected legal consequences of the parties. Under normal circumstances, when an employer and an employee conclude an employment contract, the employment contract may be drawn up by the employer or jointly by both parties, but the employment contract can only be signed after the parties reach a consensus through consultation, otherwise, the employment contract concluded will be invalid. Whether an employment contract is invalid is mainly determined on the basis of whether it violates the provisions of laws and regulations.
In order to evade legal liability, many employers will not sign labor contracts with employees, which is an illegal act and needs to bear corresponding legal responsibilities. It is important to know that it is also the obligation of the employer to sign a labor contract and social insurance, and if there is a situation of non-payment of social insurance, the employee can use the law to protect his rights.