What should I do if employees are unwilling to pay social basic endowment insurance and enterprises have employment needs?

There are three main reasons why employees don't agree to pay social insurance:

1. Laid-off workers from state-owned enterprises and collective enterprises have not terminated their labor relations with their original units, so they simply do not consider whether the original units have paid social insurance (or the original units have gone through social insurance registration procedures, but they are in arrears). They are only willing to have employment relations with new employers and are unwilling to transfer social insurance after terminating their labor relations with the original units.

2. The salary of employees is low, and even many young employees have only the local minimum wage. For example, they pay social insurance according to law, and the actual salary they receive is lower after deducting individual contributions. From the perspective of their own survival, such employees do not agree to pay social insurance.

3. Employees' understanding of paying social insurance is biased. Because they have paid social insurance for 15 years, they can get a pension when they retire. Some employees think that they are still young, so they can not pay now, and the time to pay in the future is enough to reach 15 years, so they don't agree to pay social insurance at this stage.

According to the above three reasons, the employer can take the following measures:

1. reached an agreement with the former unit of employees with dual labor relations on work-related injury treatment.

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 the risks caused by work-related injuries in the new employer. Therefore, the new employer should contact its original unit to reach the intention of secondment, or the original unit will declare the work-related injury, and the new employer will bear the compensation liability stipulated in the Regulations on Work-related Injury Insurance.

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

We have to admit that some units pay employees very low wages, and if employees are required to pay social insurance, their own living conditions are quite problematic. In this case, if the employer wants to hire such employees, it can only be negotiated by both parties. First, employers pay commercial insurance for them to avoid certain industrial injury risks, and then they will pay social compensation according to a certain amount every year. At the same time, employees also promise to give up the right to claim social insurance or pay social insurance premiums for employers in the future.

3. 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 will have to bear high expenses, and the social security agency will not bear any responsibility for the industrial injury that occurred before the employer joined the insurance at this stage. Therefore, employers with more employees going out and more work-related accidents should take employees' disagreement to pay social insurance as one of the unqualified employment conditions to avoid the risk of work-related injuries in an all-round way.

Article 72 of the Labor Law: Employers and workers must participate in social insurance according to law. If employees are unwilling to pay some personal insurance premiums, the unit cannot buy social insurance for them.

Article 38 of the Labor Contract Law: On the grounds that the employer fails to pay social insurance premiums for workers according to law, the employer is required to pay economic compensation at the same time when it proposes to terminate the labor contract.

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