Participation in social insurance is compulsory.

Buying social insurance for employees is the legal obligation of enterprises and employees, and it is not exempted because of the agreement between the two parties.

Article 72 of the Labor Law of People's Republic of China (PRC) stipulates that the social insurance fund shall determine the source of funds according to the types of insurance, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

Article 4 of the Provisional Regulations on the Collection and Payment of Social Insurance Fees stipulates that the payment units and individuals shall pay social insurance fees in full and on time. The social insurance premiums collected shall be incorporated into the social insurance fund for special purposes, and no unit or individual may misappropriate them. Thirteenth payment unit fails to pay and withhold social insurance premiums according to law, the administrative department of labor insurance or the tax authorities shall order it to pay within a time limit; Fails to pay, in addition to repay the amount owed, from the date of default, an additional 2/1000 of the daily fines. Late payment fees are incorporated into social insurance funds.

Item (5) of Article 52 of People's Republic of China (PRC) Contract Law violates the mandatory provisions of laws and administrative regulations, and the contract is invalid.

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