Many outsourcing companies do not provide social security for their employees

Generally speaking, enterprises (actual employers) do not need to purchase social security for outsourced employees. Because usually when an enterprise signs an agreement with an outsourced labor service company (the actual employer), it will be agreed that the outsourced labor service company will purchase social security for the outsourced employees, so the enterprise does not need to purchase social security for the workers. If the outsourcing contract is not specified, the actual employer must handle social security for its employees.

1. What are the advantages of enterprise labor outsourcing?

1. Enterprises outsource labor services. On the one hand, the labor outsourcing company is responsible for the management of personnel and provides them with labor-related consultation to help protect their legitimate rights and interests. On the other hand, our company provides relevant policy consultation and rational suggestions to enterprises, which can effectively help enterprises avoid employment risks.

2. By outsourcing labor services, enterprises can save a lot of office expenses, reduce their expenditure on software and hardware resources, and eliminate a lot of mechanical and repetitive work in the relevant personnel management processes of enterprise managers, so that managers can Invest in other management activities that can effectively add value to the enterprise.

3. Comprehensive services and improve employees’ work enthusiasm. The labor outsourcing company handles all personnel agency procedures for the trustees, freeing the employees from worries and allowing them to devote themselves to their work, which increases their sense of responsibility for the company and increases their enthusiasm for work. The most important thing is that compared with labor dispatch, the employer (contractor) does not need to bear joint and several liability.

2. Disadvantages (risks) of enterprise labor outsourcing

1. The risk of choosing an outsourcing unit. In the process of outsourcing business, if the service or skill level of the outsourcing company selected by the enterprise cannot meet the management needs of the enterprise, it is likely to damage the image and reputation of the enterprise. If the human resources changes frequently during the outsourcing process, Different levels will bring risks to the development of the enterprise.

2. Risks of labor outsourcing contracts. The outsourcing contract is the basis for the outsourcing company's outsourcing implementation. If the content of the contract is not detailed and thorough, the two parties may easily have disagreements. When differences cannot be effectively resolved, companies need to bear many unclear legal risks arising therefrom.

3. Risk of corporate information leakage. When an enterprise cooperates with a labor outsourcing company, it must pass some of its information to the outsourcing unit. Information privacy is conducive to communication and coordination between both parties, but it will also increase the risk of the enterprise, because the disloyalty or negligence of the outsourcing unit will lead to risks such as loss of enterprise information resources and leakage of business secrets, and competitors can "take advantage of the opportunity". ”

To sum up, generally speaking, enterprises (actual employers) do not need to purchase social security for outsourced employees. Because usually when an enterprise signs an agreement with an outsourced labor service company (the actual employer), it will be agreed that the outsourced labor service company will purchase social security for the outsourced employees, so the enterprise does not need to purchase social security for the workers.

3. How to protect rights if the outsourcing company does not pay social security?

This labor contract can be signed with your own company, or with a third-party labor dispatch company or a labor outsourcing company that you cooperate with on a full-time basis. The labor contract is legal and there is no problem. However, since it is a full-time employment contract, which work unit is the subject of the contract? As the work unit that signs the contract, it must follow the law. Responsible for the personal social security of its own employees.

This is clearly stipulated in the Labor Contract Law. As long as you must pay corresponding social security for your employees within 30 days from the date of establishment of the labor contract, then it is obvious that failure to pay social security is illegal. As a work unit, you need to bear certain legal risks. Whether you are a labor service company, an expedition company, or a labor outsourcing company, you need to bear corresponding legal risks.

Because the company itself should be responsible for the payment or social security payment by the original employer, but the labor outsourcing company has the responsibility and obligation to pay the original employer. When applying for employees' own wages and social security benefits, if they do not pay social security as a labor outsourcing company, they need to bear certain joint and several liability, then the outsourcing company should not do this and should make up for the employees' personal social security in a timely manner to avoid legal risks.

Legal basis:

Article 2 of the "Social Insurance Law of the People's Republic of China": The state establishes basic pension insurance, basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance and other social insurance systems to protect citizens’ rights to obtain material assistance from the state and society in accordance with the law in the event of old age, illness, work injury, unemployment, childbirth, etc.

Article 3 of the "Social Insurance Law of the People's Republic of China": The social insurance system adheres to the policy of wide coverage, basic protection, multi-level and sustainable, and the level of social insurance should be consistent with the level of economic and social development. adapt.

Article 4 Employers and individuals within the territory of the People's Republic of China and the People's Republic of China pay social insurance premiums in accordance with the law and have the right to inquire payment records and personal rights records, and require social insurance agencies to provide social insurance consultation, etc. Related Services.

Individuals enjoy social insurance benefits in accordance with the law and have the right to supervise the payment of contributions by their units.