2. If there is no labor contract between the part-timer and the employer, and there is only a labor relationship, then the part-timer is not required to pay social security.
3, if the part-timer belongs to the labor dispatch employee, the labor contract is concluded between the dispatched employee and the labor dispatch unit, and the labor dispatch unit pays five insurance and one gold for the dispatched employee.
The labor relations regulated by the labor law have the following legal characteristics
1, the labor relations are the relations occurring in the process of realizing the labor, and have a direct connection with the labor.
2, the two parties to the labor relationship, one party is the laborer, the other party is to provide the means of production of the laborer's unit.
3. One of the parties to the labor relationship, the worker, is to be a member of the other party's unit and to abide by the internal labor rules of the unit.
What are the five insurance policies and one pension
The five insurance policies and one pension refer to the collective term for several kinds of security benefits given to workers by their employers, including basic pension insurance, basic medical insurance, unemployment insurance, work injury insurance and maternity insurance, and housing provident fund.
Payment of insurance premiums
If the enterprise, bank and social security or provident fund management organization have signed a tripartite agreement to pay the premiums on behalf of the bank, the premiums will be deducted directly from the enterprise's bank account at a fixed time each month. Of course, enterprises can also choose to pay the fees on-site at the five insurance and one pension management agency by cash or check.
Five insurance is mandatory to pay
China's social insurance regulations clearly stipulate that employers and workers should pay social security contributions in accordance with the law, in order to protect the legitimate rights and interests of workers, many places to implement the five insurance "one vote levy", do not allow the choice of contributions. The five major insurance policies are mandatory, as stipulated in the Social Insurance Law, but the provident fund is not mandatory at this time.
Legal basis
Article 72 of the Labor Law of the People's Republic of China (PRC) determines the source of funding for the social insurance fund in accordance with the type of insurance, and progressively implements the social integration. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.