If you sign a labor contract and pay social security, there may not be a labor relationship!

If you sign a labor contract and pay social security, there may not be a labor relationship!

Ding is a relative of the general manager of the company, and has been attached to the company for almost two years (all the fees paid by Ding himself), but Ding has never worked in the company. Now that the two-year labor contract is about to expire, and Ding still wants to pay social insurance premiums, he must continue to sign a written labor contract with the company. The company's HR has been muttering in his heart, is there an employment relationship between Ding and the company? Is D considered an employee of the company? Excuse me, the company and D have signed a written labor contract, and have gone through the social insurance payment procedures for D, is there any employment relationship between the company and D? As mentioned above, an employment relationship is a legal relationship established between an employee and an employer based on the facts of employment. The conclusion of a written employment contract between the two parties is only a formality, and does not determine the existence of an employment relationship between the two parties, because the only criterion for determining the existence of an employment relationship is employment. The social insurance relationship means that the employee and the employer must participate in social insurance and pay social insurance premiums in accordance with the law based on the existence of a labor and personnel relationship, so as to establish a social insurance relationship. Labor relations are the premise and foundation, and labor relations determine that social insurance relations should be established. However, the existence of a social insurance relationship does not necessarily prove the existence of an employment relationship. For example, in this case, the social insurance premiums were paid on the basis of a false labor contract, although there was a social insurance relationship, but in fact there was no labor relationship. If a citizen does not work in a certain unit, that is, there is no labor and personnel relationship, he or she shall participate in basic endowment insurance and basic medical insurance as a flexible employee. Article 7 of the Labor Contract Law stipulates that an employer shall establish an employment relationship with an employee from the date of employment. The employer shall establish a roster of employees for future reference. Article 10 of the Social Insurance Law stipulates that employees shall participate in the basic endowment insurance, and the employer and the employee shall jointly pay the basic endowment insurance premiums. Individually-owned businesses without employees, part-time employees who have not participated in the basic pension insurance at the employer, and other flexibly employed persons may participate in the basic pension insurance, and the basic pension insurance premiums shall be paid by the individual. The measures for the pension insurance of civil servants and staff members managed with reference to the Civil Servants Law shall be prescribed by the State Council. Article 23 Employees shall participate in the basic medical insurance for employees, and the employer and the employees shall jointly pay the basic medical insurance premiums in accordance with the provisions of the State. Individually-owned businesses without employees, part-time employees who have not participated in the basic medical insurance for employees and other flexibly employed persons can participate in the basic medical insurance for employees, and the individual shall pay the basic medical insurance premiums in accordance with the provisions of the state.