Individual Clothing Stores Should Sign Contracts With Workers And Pay Social Security.

Xu Ranhua, a clothing store buyer.

Answer: Feng Xiao, lawyer of Changhong law firm in Beijing.

Xu Ranhua: I am 22 years old. I came to work in Beijing from my hometown in Hubei last year.

According to my friend, I came to a small clothing store in September last year. The duty of every day is to sell clothes and sometimes to the boss.

From work to now, I can only take a day off every day. I work from 9 in the morning to 7 in the evening. Besides the salary of 2000 yuan per month, the boss pays the Commission according to how much I sell.

From the entry to the present, the clothing store has not signed the labor contract with me, nor has he paid the social insurance premiums. The boss said that he was a self-employed person in the shop, unable to sign contracts and insurance with me. Is that so?

First, the second provision of the labor contract law of the People's Republic of China stipulates that "enterprises in People's Republic of China, private economic organizations and private non enterprise units" (hereinafter referred to as employing units) establish labor relations with labourers, and conclude, perform, alter, rescind or terminate their labor contracts. This law is applicable.

Therefore, the labor relations between you and small shops should be governed by the relevant provisions of the labor contract law of the People's Republic of China.

Secondly, the Circular No. 1 of the Circular of the Beijing Municipal Bureau of human resources and social security on the implementation of relevant issues of the social insurance law stipulates that the employing units and workers in the administrative area of this Municipality should take part in basic old-age insurance, basic medical insurance, work-related injury insurance, unemployment insurance and maternity insurance.

Non - employed employees, non - full-time employees who do not participate in basic old-age insurance and other flexible employees can participate in basic old-age insurance and basic medical insurance.

The above employing units include enterprises, organs, public institutions, social organizations, private non enterprise units, foundations, law firms, accounting firms, and self-employed businesses and other organizations.

Civil servants and staff members who work in accordance with the law of the civil service participate in old-age insurance in accordance with the provisions of the State Council. "

According to the seventy-second provision of the labor law of the People's Republic of China, "employers and workers must participate in social insurance according to law and pay social insurance premiums."

Therefore, the clothing store you work with should sign a labor contract with you and pay social insurance premiums for you.