Is it illegal for employees to voluntarily give up paying social security units?

1. Is it illegal for employees to voluntarily give up paying social security units?

1, employees voluntarily give up paying social security, which is illegal for the company. Insurance should be paid according to actual income, and the employer should pay all insurance for employees from the date of employment, including pension, medical care, unemployment, work injury and maternity. It is illegal to fail to pay insurance or pay less insurance, and you can ask the unit to pay it back or make corresponding economic compensation, otherwise you can report it to the labor inspection brigade.

2. Legal basis: Article 85 of People's Republic of China (PRC) Social Insurance Law.

If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.

Second, what is the impact of not paying social security on enterprises?

For enterprises, not paying social security for employees in time seems to save labor costs, but in fact it hides many employment risks.

If the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract.

If the employee terminates the labor contract in accordance with the provisions of Article 38 of this Law, the employer shall pay economic compensation to the employee.

In addition, compensation for work-related injuries is inevitable. Regardless of whether employees are insured or not, workers will receive work-related injury insurance benefits as stipulated by law. If the enterprise does not insure the employees, the employees' work-related injury expenses will be paid in full by the enterprise instead of through the work-related injury insurance fund, which increases the economic burden of the enterprise.

In short, if an employee is injured at work, the company insurance benefits that should be borne by the social security fund will be transferred to the enterprise itself.

It can be seen that employers are facing economic losses and brain drain at any time, which is not conducive to the stable development of enterprises.