Job Recruitment Website - Social security inquiry - Is it legal to give up the social security statement?
Is it legal to give up the social security statement?
The argument that workers voluntarily give up social security is invalid. Paying social security for workers is the legal obligation of the employer. If the employer exempts itself from legal responsibility and excludes the rights of workers in the statement, it will have no legal effect on both parties.
Legal objectivity:
Article 26 of the Labor Contract Law of People's Republic of China (PRC) is invalid or partially invalid: (1) Causing the other party to conclude or change a labor contract against its true meaning by means of fraud or coercion or taking advantage of the danger of others; (2) The employer exempts itself from legal liability and excludes the rights of workers; (3) Violating the mandatory provisions of laws and administrative regulations. Any dispute over the invalidity or partial invalidity of a labor contract shall be confirmed by the labor dispute arbitration institution or the people's court. Article 27 of People's Republic of China (PRC) Labor Contract Law is invalid, which does not affect the validity of other parts, and the other parts are still valid. Article 28 of the Labor Contract Law of People's Republic of China (PRC) * * * If the labor contract is confirmed to be invalid and the laborer has paid the labor, the employer shall pay the labor remuneration to the laborer. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the unit.
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