Is it effective for an individual to sign a waiver of social security? The company signed a voluntary waiver of social security, and employees signed a voluntary waiver statement.

Is it effective for individuals to sign up to give up social security?

Many friends still don't know much about whether it is effective for individuals to sign up to give up social security. Then the following small series will tell you this question.

Giving up social security has no legal effect.

Because the "Labor Law" clearly stipulates that: social insurance funds shall be sourced according to 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.

Paying social insurance premiums is the legal obligation of employers and individuals, and cannot be exempted according to the wishes of workers or employers themselves, otherwise it will bear corresponding legal responsibilities. Based on the principle of voluntariness, employers and employees can certainly reach some agreements, but such voluntary agreements cannot go beyond the scope agreed by law.

Even if employees agree to give up social security, they still have the right to ask the employer to pay social insurance premiums during their employment. If the employer does not agree to pay the overdue fine, the laborer may apply for mediation, arbitration or bring a lawsuit in accordance with relevant laws.

The company let the signing voluntarily give up social security.

Many people have encountered the situation that companies voluntarily give up social security. Is this behavior legal and compliant?

The Application for Voluntary Waiver of Social Security signed by employees has no legal effect.

The Labor Law stipulates that employers and workers must participate in social insurance and pay social insurance premiums according to law. This is a mandatory requirement of the state for enterprises and workers. It is illegal for an employer not to pay or not to pay according to regulations. The unit agrees not to pay social insurance premiums, including not paying social insurance premiums for employees, and the unit and employees agree not to pay social insurance premiums.

Replacing it with cash compensation, paying social security fees to workers after the probation period expires, and negotiating with workers to choose the scope of insurance coverage and payment base all need to bear corresponding legal responsibilities. Because the laborer voluntarily applies for not buying social insurance and cannot enjoy the relevant social insurance benefits, it shall be borne by the employer.

Workers voluntarily apply not to buy social security, which cannot resist the national social security collection system. As an employer, there is a legal basis for purchasing social security for workers and directly deducting the personal payable part from the wages of workers. The employer can't enjoy the relevant social insurance benefits because the employee voluntarily applies for not buying social insurance, so it should not bear the defense.

The employee signed a declaration of voluntary abandonment of social insurance.

Many friends said that they are still concerned about the issue of employees signing a voluntary waiver of social security. Let's look at this problem!

Paying social security is not only the right of employers, but also the obligation of workers. This is the mandatory content of the labor law and social insurance law, and it cannot be exempted from paying social security just because the employer and the employee reach some kind of agreement in private.

But in reality, many companies don't want to pay social security for their employees, just to save money. In fact, the state has also taken some measures in recent years to reduce the social security burden of enterprises. For example, in 20 19, two measures were introduced:

1. The contribution rate of unit endowment insurance will be reduced to 16%. In many places before, it was 18-2 1%.

2. When calculating the average social wage, the wages of employees in urban private units should be included, which can lower the average social wage and reduce the social security payment base and payment base. Because 60% of the average social wage is the payment base, and 300% is the payment base.

The above is about employees voluntarily giving up social security. I hope it will help everyone!