Employees are unwilling to pay social security, how can enterprises avoid risks?

Legal analysis: 1, employees do not agree to pay social insurance as one of the unqualified employment conditions.

Because employees don't agree to pay social insurance, after a major industrial accident, the employer may have to bear high expenses, but at this stage, the social security agency does not bear any responsibility for the industrial injury that occurred before the employer joined the insurance. Therefore, for employers with more employees going out and more industrial accidents, employees' refusal to pay social insurance should be regarded as one of the unqualified employment conditions to avoid the risk of industrial injuries in an all-round way.

2. Sign an agreement with employees to stipulate the compensation standard for not paying social insurance.

I have to admit that some units pay employees relatively low wages, and if employees are required to pay social insurance, their own living conditions will be very problematic. In this case, if the employer wants to hire such employees, it can only be negotiated by both parties. First, the employer pays commercial insurance to avoid certain industrial injury risks, and then gives certain social compensation every year. At the same time, the laborer also promised to give up the right to claim social insurance premiums from the employer, or to claim the right to pay social insurance premiums in the future.

3. Reach an industrial injury treatment agreement with the original unit of employees with dual labor relations.

If laid-off workers from state-owned enterprises and collective enterprises pay social insurance for them, they cannot use the work-related injury insurance paid by the original unit to avoid risks because of work-related injuries in the new employer. Therefore, the new employer should contact the laborer's original unit to reach the intention of secondment, or the original unit will declare the work-related injury after it occurs, and the new employer will bear the liability for compensation stipulated in the Regulations on Work-related Injury Insurance.

Legal basis: People's Republic of China (PRC) Social Insurance Law.

Sixty-first social insurance fee collection agencies shall collect social insurance premiums in full and on time according to law, and regularly inform employers and individuals of the payment situation.

Article 62 If the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the amount that should be paid shall be determined according to 1 10% of the amount paid by the employer last month; After the payment unit completes the declaration procedures, the social insurance fee collection agency shall make settlement in accordance with the provisions.

Article 63 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.