Employees take the initiative to request not to pay social security, the company should do

Frequently encountered such a consulting problem, the company's part of the staff made a request, said that the family's economic difficulties, children study expenses, etc., hope that the company does not give them to buy social security, and buy social security money sent directly to them, and they voluntarily write a letter of commitment to their own reasons not to buy social security, to ensure that the social security issues will not be looking for the company's problems due to social security, due to failure to buy social security responsibilities by the employee The responsibility for not buying social security is borne by the employees themselves and has nothing to do with the company. Most of the companies think that they have already paid the fee and there will not be any problem, so they agree to their request. However, in reality, if the social security bureau finds that the company has not paid the social security fees for these employees, it will usually order the company to pay the fees by a certain date, and with the implementation of the Social Insurance Law, the employer will be subject to greater penalties. For such a situation, the company will want to ask, the employee's own commitment is not legally binding? It is the employee's own request not to buy, not the company is not willing to give employees to buy, employees do not cooperate with the purchase of social security, the company can do, as well as the company's previous to send the workers of the social security costs and how to deal with it?

The reality is similar to such a lot of cases, such as in the labor contract agreed to pay the cost of social security as an employee's welfare directly as part of the salary to be issued, they actually involve a *** with the problem, that is, the social insurance can be negotiated by the employer and the workers and the two sides of the problem. We know that autonomy and equal consultation is a major basic principle of contract law, but this autonomy must be within the scope of the law. Regardless of whether it is signed to the labor contract or written commitment, both parties, although on the basis of voluntary and consensus, but because the content of the agreement on social insurance violates the mandatory provisions of the national laws and administrative regulations in force, which leads to the invalidity of the terms agreed in the contract between the two parties. China's Labor Law stipulates that employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. We can see from the provisions of the law, social insurance is the state compulsory insurance, social insurance for employees is the employer's legal obligations, even if the workers take the initiative to request the employer can not be exempted from the legal obligation to participate in social insurance for employees. Although the worker takes the initiative to request the employer not to participate in social insurance for him, and make a written commitment, but there will be the risk of being eventually recognized as invalid, the General Principles of Civil Law also clearly stipulates that the civil acts against the law or the social public **** interest is invalid. Therefore, the company will pay the corresponding costs directly to the workers themselves and did not pay social insurance premiums in accordance with the law will bring adverse legal consequences to the company. In addition, the Social Insurance Law stipulates that if the employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums within a certain period of time or to make up the full amount of social insurance premiums.

This means that the company should still pay the social insurance premiums according to the law. Regarding the question of how to deal with the social insurance premiums that the company had previously paid to the workers, the General Principles of Civil Law stipulates that if there is no lawful basis for obtaining undue benefits and causing losses to others, the undue benefits obtained should be returned to the person who suffered the losses. Therefore, after fulfilling its legal obligations, the company can legally require the laborer to return the corresponding fees that have actually been paid. Can also be based on the relevant provisions of the contract law, due to the invalid contract shall be returned to the benefits obtained.

In addition, we should also see the payment of social insurance is not only the responsibility of the employer, the laborer is also the subject of responsibility. We know that the rights can be waived, the law will not interfere, that is, the rights of the workers, the workers can give up, but for the obligation, it must be fulfilled, and do not have the right to give up. Therefore, even if the workers do not want to participate in social insurance is not allowed.

Misunderstanding of social security is one of the major reasons why employees do not want to buy it. We often come across employees who ask their organizations the following sentence: Does your organization want to deduct insurance? Many people use the word deduction to describe insurance because they intuitively feel that the cost of insurance is deducted from their paycheck every month when they are paid. So I personally feel that as an HR, you should publicize insurance, housing fund and some other welfare system with your employees. The insurance cost is not deducted from you by the company, it is just transferred from your salary account to the social security account, the same amount of money, just put in two accounts under your name. If you have paid for 15 years, you will be able to enjoy the pension later; it doesn't matter if you have not paid enough, you can collect it after retirement. Let them understand that the payment of social insurance is a kind of welfare given by the state to the workers, I think most of the workers will not refuse to pay the social insurance after understanding

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