Workers give up paying social security by themselves.

Workers offered to give up paying social security, who suffered?

Social insurance is closely related to our daily life. Young people who have just entered the workplace, due to lack of social experience, have not accumulated enough knowledge about labor law and social insurance law, and have not realized the importance of social insurance. Many times, they signed a statement of "voluntarily giving up paying social security".

Sometimes, some employees who only pay attention to immediate interests will even voluntarily give up paying social security fees and let the company turn social security fees into subsidies, and the company will agree. Then, if there is a problem, who will suffer?

Current case

Ms. Liu 20 16 worked for an Internet company and was engaged in operation.

When she joined the company, Ms. Liu considered that she was just trying it in this company. If she is unhappy, she is likely to change jobs and her income is not high. If you deduct social security, there is not much left. Therefore, when the company asked her to provide relevant materials for social insurance registration, Ms. Liu refused for various reasons.

The personnel department of the company explained the potential legal risks of unpaid social security to Ms. Liu. Ms. Liu is still unwilling to pay social security, and at the same time, she issued a letter of commitment to give up social security for personal reasons, and the legal consequences in the future will be borne by Ms. Liu herself, and asked the company to convert social security fees into subsidies.

One day in September of 20 16, Ms. Liu was hit by a car when she came home from work, and the traffic police determined that the other party was fully responsible. In the accident, Ms. Liu was seriously injured in her right leg, which was recognized as a work-related injury by the human and social departments, meeting the 10-level disability standard. Ms. Liu knew that she had not paid social insurance and could not apply for work-related injury insurance. What she faced was a great loss.

After three months of home care, Ms. Liu's health is getting better and better. After a friend's "matchmaking", Ms. Liu came to the company in mid-March, 20 17, and submitted a written notice to terminate the labor contract. On the grounds that the company failed to pay social security for her, she unilaterally proposed to terminate the labor contract and demanded the company to pay economic compensation and compensate herself for medical expenses and other losses.

The company said that when Ms. Liu joined the company, the personnel department repeatedly asked her to provide the materials needed for social security, and also clearly informed her of the potential risks of failing to pay social security. Moreover, the company has a statement of "voluntarily giving up paying social security" signed by Ms. Liu herself, so she refuses to pay any fees.

In the absence of results, Ms. Liu applied to the local labor dispute arbitration committee for arbitration, demanding that the company pay one-time disability subsidy, one-time work-related injury medical subsidy, one-time disability employment subsidy and economic compensation for the termination of the labor contract, totaling 654.38+ 10,000 yuan.

Let's guess what the result is. Finally, the Arbitration Commission supported Ms. Liu's request. So what is the legal basis? We continue to look down.

According to the provisions of China's labor law, it is the legal obligation of employers and workers to participate in social insurance and pay social insurance premiums according to law. Then, when workers voluntarily give up their social security rights and interests out of their true wishes, does their written commitment have legal effect?

In the case of Ms. Liu, the Labor Dispute Arbitration Committee held that the Labor Law, the Social Insurance Law, the Interim Regulations on the Collection and Payment of Social Insurance Fees and other laws and regulations clearly stipulated that participating in social insurance and paying social insurance premiums are mandatory provisions set by law for employers and workers, and they are legal obligations that employers and workers must perform at the same time. Neither the employer nor the employee can dispose of such rights and obligations at will, nor can they be exempted or exempted in any form or for any reason.

In this case, although Ms. Liu expressed in writing that she voluntarily gave up her social security rights and interests and was willing to bear the corresponding legal consequences, her behavior violated the mandatory provisions of relevant laws and was an invalid legal act, and her promise had no legal effect. As an invalid agreement, it is not legally binding on the company and Ms. Liu. Although the company informed the legal risks, it also assumed the legal responsibility for not paying social security for Ms. Liu because it did not actually pay social security.

In practice, similar cases may have different judgment results, but in any case, Zuo 'an should remind everyone that as workers, we must understand the great significance of social insurance to our daily life and never leave hidden dangers for immediate interests. As an enterprise, we should act according to the rules and regulations, otherwise, just like the company in this case, we think it is cheap, but in fact it is ourselves who will eventually suffer.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.