The employee signed a letter of commitment with the company to give up paying social security. Does this undertaking have legal effect?

The employee signed a letter of commitment with the company to give up paying social security. Does this undertaking have legal effect?

This promise has no legal effect.

Social insurance is a social security system enforced by the state, and it is the legal obligation of the employer to handle social insurance for employees. It is illegal for employees to voluntarily draft or sign an agreement to give up social security, so the agreement is invalid. It is illegal for an employer to ignore the wishes of employees, no matter how it is agreed, as long as it does not pay according to the regulations.

It is a legal obligation and mandatory for an enterprise to purchase social security for its employees, which is not within the scope of independent consultation between the enterprise and the employees and cannot be exempted from the obligation through agreement.

No matter whether the laborer voluntarily or forced to sign an agreement to voluntarily give up social security, the agreement violates the mandatory provisions of the social insurance law and should be invalid, but it does not affect the effectiveness of other parts of the labor contract. Employers should still fulfill their obligation to pay social insurance for workers.

If the enterprise forces the employee to sign such waiver agreement, the employee can report to the local human resources and social security department (bureau) and ask the enterprise to pay back the social security owed.

At the same time, workers can also apply to terminate the labor contract on the grounds that the enterprise refuses to pay social security, and ask the enterprise to give economic compensation.

Article 79 stipulates: "If the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of more than three times shall be imposed. Those who pay social insurance premiums shall pay to the employing unit, and the directly responsible person in charge and other directly responsible personnel exceed 500 yuan. A fine of less than 3,000 yuan. "

If the employer fails to pay social insurance premiums without reason, it shall be ordered to pay within a time limit; Those who fail to pay within the time limit, in addition to ordering them to pay the arrears, may be charged a late fee of two thousandths of the arrears every day. Late payment fee income is incorporated into the social insurance fund.

Enterprises shall not be persuaded by employees not to apply for social insurance. The legal provisions are the bottom line, and no one can touch them. Don't cause unnecessary losses because of carelessness.