Job Recruitment Website - Social security inquiry - Can a worker voluntarily forego purchasing social security?
Can a worker voluntarily forego purchasing social security?
Legal analysis:
Yes. Even if the laborer gives the employer a "commitment to give up the purchase of social security" or other relevant documents, the employer is not exempted from the obligation to purchase social security, the employer shall still purchase social security for the laborer according to the law. However, a worker's request for economic compensation on the grounds that the employer has not purchased social security for him or her will not be supported by the court or the Labor Arbitration Board. Even if the workers voluntarily give up the purchase of social security, it is not allowed. Social insurance is compulsory. The social insurance premiums to be paid by the employee shall be withheld and paid by the employer on behalf of the employee; if the employee is not employed by the employer, the employee may pay the social insurance premiums directly to the social insurance collection agency as a flexibly employed person. It is not acceptable for a worker to voluntarily give up purchasing social insurance; social insurance is compulsory. Employees should pay the social insurance premiums by the employer withholding; Sebi line workers are not employed in the employer, the workers can be flexibly employed as a social insurance premiums directly to the social insurance premium collection agency to pay social insurance premiums.
Legal basis:
The Social Insurance Law of the People's Republic of China Article 60 Employers shall declare and pay social insurance premiums on their own, in full and on time, and shall not suspend or reduce them except for force majeure and other legal reasons. The social insurance premiums to be paid by employees shall be withheld and paid by the employer on behalf of the employees, and the employer shall inform the employees of the details of the payment of social insurance premiums on a monthly basis.
Individual industrial and commercial households without employees, part-time workers who do not participate in social insurance in the employing unit, and other flexibly employed persons may pay social insurance premiums directly to the social insurance premium collection agency.
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