Workers voluntarily give up social security, is there compensation for leaving their jobs?

Workers voluntarily give up social security and leave their jobs without compensation.

If the employee voluntarily gives up paying social security, and this decision is reached by both parties voluntarily, then under normal circumstances, the employee has no right to ask the employer to pay economic compensation after leaving the company. Although employees voluntarily give up paying social security is an agreement reached by both parties voluntarily, if the employer violates the law in other ways, employees can still ask for economic compensation after leaving their jobs.

The standard of severance payment is as follows:

1, according to the number of years the laborer has worked in this unit, one month's salary will be compensated for each full year;

2, more than six months but less than one year, compensation for one month's salary;

3, less than six months, compensation for half a month's salary.

Laborers may apply for the scope of application of labor arbitration if they have a labor dispute with the employing unit under the following circumstances:

1. Disputes arising from dismissal, delisting and dismissal of workers by the employing unit, as well as resignation and voluntary resignation of workers;

2. Disputes arising from the implementation of state regulations on wages, insurance, welfare, training and labor protection;

3. Disputes arising from the performance of the labor contract;

4. Other labor disputes stipulated by laws and regulations.

To sum up, the employee's commitment to give up paying social insurance premiums does not exempt the employer from paying social insurance premiums for the employee. When leaving his post, he still has the right to ask the employer to pay social insurance premiums during his employment. If the unit does not agree to pay back, the laborer can seek legal relief according to the social security law.

Legal basis:

Article 63 of People's Republic of China (PRC) Social Insurance Law

If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.

Article 83

If the employing unit or individual thinks that the behavior of the social insurance fee collection agency infringes upon its legitimate rights and interests, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

The employing unit or individual may apply for administrative reconsideration or bring an administrative lawsuit against the social insurance agency for failing to register social insurance, verify social insurance premiums, pay social insurance benefits, handle social insurance transfer and connection procedures or infringe upon other social insurance rights and interests according to law.

Individuals and employers who have social insurance disputes may apply for mediation, arbitration and bring a lawsuit according to law. If an employer infringes upon an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law.