Is it necessary to buy social security for company employees? What if you don't buy social security for employees?

I often encounter such consulting problems. Some employees of the company made a request, saying that the family was in financial difficulties and the children spent a lot of money on studying. They hope that the company will not buy social security for them, but send them the money to buy social security directly. They voluntarily write a letter of commitment, promising not to buy social security for their own reasons and ensuring that they will not find trouble with the company because of social security problems in the future. The responsibility for not buying social security is borne by employees themselves, and has nothing to do with the company. Most companies agreed to their request because they thought they had paid the fee and there would be no problem. However, in reality, if the Social Security Bureau finds that the company has not purchased social security for these employees, it will generally order the company to pay back the social security expenses of these employees within a time limit, and with the implementation of the Social Insurance Law, the employer will bear greater punishment responsibility. In view of this situation, the company will want to ask, does the employee's own commitment have no legal effect? It is the employees themselves who ask not to buy it, not that the company is unwilling to buy it for employees, and employees are not qualified to buy social security. What can the company do and how to deal with the social security fees paid by the company to the workers before? In reality, there are many situations like this. For example, in the labor contract, it is agreed to pay social security fees directly as part of the employee's salary. In fact, they all involve a similar question, that is, whether social insurance can be reached through consultation between employers and workers. We know that autonomy of will and equal consultation are one of the basic principles of contract law, but this autonomy must be within the scope permitted by law. Whether signing a labor contract or a written commitment letter, both parties are on the basis of voluntariness and consensus. However, because the content of social insurance in the agreement violates the mandatory provisions of the current national laws and administrative regulations, the terms agreed in the contract between the two parties are invalid. China's "Labor Law" stipulates that employers and workers must participate in social insurance and pay social insurance premiums according to law. As can be seen from the legal provisions, social insurance is compulsory by the state, and it is the legal obligation of the employer to handle social insurance for employees. Even if the laborer asks for it voluntarily, it cannot exempt the employer from the legal obligation to participate in social insurance for employees. Although workers voluntarily ask employers not to participate in social insurance for them, and make a written commitment, there is a risk that they will eventually be deemed invalid. The General Principles of the Civil Law also clearly stipulates that civil acts that violate the law or social public interests are invalid. Therefore, the company does not pay social insurance premiums according to law, but directly pays the corresponding fees to the workers themselves, which will bring adverse legal consequences. In addition, the Social Insurance Law stipulates that if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. This means that companies should still pay social insurance premiums according to law. In view of the problem of how to deal with the social security fees paid by companies to workers in the past, the General Principles of the Civil Law stipulates that if improper benefits are obtained without legal basis and losses are caused to others, the improper benefits obtained shall be returned to the people who have suffered losses. Therefore, after fulfilling the statutory obligations, the company may require the employee to refund the corresponding expenses actually paid. It can also be based on the relevant provisions of the contract law, and the benefits obtained from invalid contracts should be returned. In addition, it should also be noted that paying social insurance is not only the responsibility of the employer, but also the subject of responsibility. We know that rights can be waived and the law will not interfere, that is to say, workers can give up their rights, but they must fulfill their obligations and have no right to give up. Therefore, even if workers do not want to participate in social insurance, it is not allowed. The misunderstanding of social security is one of the important reasons why employees are unwilling to buy. We often meet employees asking the company this sentence: Does your company need to deduct insurance? Many people use deduction to describe insurance because when they pay their wages every month, they intuitively feel that their wages have been deducted from insurance fees. Therefore, I personally feel that as an HR, I should publicize the welfare system such as insurance and housing accumulation fund with my employees. The company didn't deduct your insurance premium, but just transferred the money from your salary account to the social security account. The same amount of money is deposited into two accounts in your name. If you pay 15 years, you can enjoy the pension in the future; It doesn't matter if you are not satisfied, you can take it out after retirement. Let them know that paying social insurance is a kind of welfare given to workers by the state. I don't think most workers will refuse to pay social insurance after understanding it.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.