Is it effective for employees to voluntarily give up social security?

Is it effective for employees to voluntarily give up social security?

Personal commitments that violate the mandatory provisions of the law are invalid.

According to Article 72 of People's Republic of China (PRC) Labor Law, the sources of social insurance funds are determined according to the types of insurance, and social pooling is gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law. It shows that paying social security is mandatory by law, and personal commitment cannot violate the law, otherwise it will be invalid.

Data expansion:

Article 10 of People's Republic of China (PRC) Labor Contract Law clearly stipulates that a written labor contract shall be concluded when establishing labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment. Its purpose is to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of workers, and build and develop harmonious and stable labor relations.

Relatively speaking, employers are dominant, generally in a strong position, and workers are in a passive position and relatively weak. In real life, employers are often reluctant to sign or perform labor contracts. If personal commitment to give up social security and compensation is used to maintain relevant labor relations, it is easy to put workers in a passive and compulsory position and make relevant regulations a dead letter.

It is not feasible to attempt to cover up the illegal purpose in a legal form, and the result can only be that the loss outweighs the gain. In reality, the labor contract system must be strictly implemented, and there can be no illegal psychology of not buying "five insurances and one gold" without signing a labor contract. To establish labor relations, it is necessary to sign labor contracts according to law, which not only effectively protects employees' social insurance rights and interests, but also protects their legitimate rights and interests according to law, without giving others loopholes and opportunities and avoiding improper infringement.