Give up social security

Is it effective for employees to give up their social security commitments?

primary facts

Signed a 1 year labor contract with a greening engineering team. Yu Mou once issued a "Commitment Letter" saying that it is clear that the company is willing to participate in and pay social insurance for it according to law, but it is unwilling to participate in and pay social insurance, and all consequences will be borne by itself. The latter greening engineering team did not buy social insurance for Yu. Bring a lawsuit after arbitration and ask a greening engineering team to pay economic compensation.

Article 72 of the Labor Law of People's Republic of China (PRC)

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.

Articles 4 and 60 of People's Republic of China (PRC) Social Insurance Law.

Employers and individuals in People's Republic of China (PRC) (China) pay social insurance premiums according to law.

Article 60 stipulates: "The social insurance premiums that employees should pay shall be withheld and remitted by the employer."

The lawyer said

Employers have the legal responsibility to declare and pay social insurance premiums in full and on time, and the social insurance premiums that laborers should pay are withheld and remitted by employers. No matter whether the worker promises to give up social security, the employer has the legal obligation to participate in social insurance and pay social insurance premiums according to law. Even if it promises to give up participating in social insurance, this behavior is invalid, and a greening engineering team should pay economic compensation to it.