Job Recruitment Website - Social security inquiry - Is it illegal for employees not to pay social security?

Is it illegal for employees not to pay social security?

It is illegal for enterprises working in enterprises not to help employees pay social security. Generally, enterprises will force employees to pay social security. Article 72 of China's Labor Law stipulates that employers and workers must participate in social insurance and pay social insurance premiums according to law. As can be seen from the legal provisions, social insurance is compulsory by the state, and it is the legal obligation of the employer to handle social insurance for employees. Even if the laborer asks for it voluntarily, it cannot exempt the employer from the legal obligation to participate in social insurance for employees.

It is illegal for employees to ask not to pay social security. Social insurance is compulsory, and all units and individuals that establish labor relations must participate. Paying social security according to law is also the responsibility and obligation of employees. As on-the-job employees, paying social security according to law is not only the responsibility and obligation of the unit, but also the responsibility of the employees. According to the provisions of the social security law, employees of the unit should pay social security, and at the same time have the responsibility to supervise the employer to pay social security for themselves. Therefore, it is the responsibility of both employers and workers to pay social security according to law.

Paying social insurance is not only the responsibility of the employer, but also the subject of responsibility. Rights can be given up, and the law will not interfere, which means that workers can give up their rights, but they must fulfill their obligations and have no right to give up. Therefore, even if workers do not want to participate in social insurance, it is not allowed.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Labor law of the people's Republic of China

Article 72 The sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.