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Is it effective to sign a voluntary waiver of social security?
Social security, that is, social insurance, is a social security system established by the state to protect the basic life of citizens. Covering old-age insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance, it aims to provide economic security and reduce the economic burden of citizens when facing risks. Therefore, participating in social security is a basic right and obligation of citizens.
First of all, the payment of social security is stipulated and implemented by national laws. According to the Social Insurance Law of People's Republic of China (PRC), employers and individuals shall pay social insurance premiums according to law. This means that neither employers nor individuals have the right to choose whether to participate in social security, nor can they give up social security by signing an agreement.
Secondly, it is illegal to sign a voluntary waiver of social security agreement. Even if the two sides reach such an agreement, the agreement is invalid. Because the participation and payment of social security is stipulated by law, any agreement that violates the law is invalid. In addition, if the employer requires employees to sign such an agreement, it may also be suspected of illegal employment, and employees can report to the relevant departments.
And giving up social security will bring serious consequences to individuals. Social security is not only the economic security when individuals face risks, but also an important welfare in their career. Giving up social security means that you can't get corresponding financial support when you need it, such as reimbursement of medical expenses and pension collection. At the same time, giving up social security will also affect individuals' social security records, which will adversely affect their future career development and social welfare enjoyment.
To sum up, it is invalid to sign a voluntary waiver of social security, because the participation and payment of social security are stipulated by law, and any agreement that violates the law is invalid. At the same time, giving up social security will bring serious consequences to individuals and affect their economic security and career development. Therefore, individuals should fully realize the importance of social security and actively participate in and pay social insurance premiums.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 4 provides that:
Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights records, and require social insurance agencies to provide social insurance consultation and other related services.
Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.
Labor law of the people's Republic of China
Article 72 provides that:
The social insurance fund shall determine the source of funds according to the types of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.
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