Is it legal for employees to voluntarily give up social security?

It is illegal for employees to voluntarily give up social security.

The employee signed a voluntary contract with the company not to buy social insurance, which violated the labor law. Whether it is agreed not to buy social security through a voluntary agreement or a coerced agreement, it is a violation of mandatory provisions, so the agreement is invalid. The company shall pay back the unpaid social security fees of employees and pay the corresponding late fees; According to the relevant laws and regulations, 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 0.5 ‰ shall be charged on a daily basis. If the employer fails to pay within the time limit, the relevant administrative department shall impose a fine of more than one time and less than three times the unpaid amount.

Personal social security processing flow:

1, individuals can pay social security (pension+medical care) as freelancers;

2. Insurance conditions: urban hukou or rural hukou;

3. Handling location: local community street social security service points, or district and county social security bureaus (labor and social security bureaus);

4. Basic information needed in paying social security: household registration book, ID card and photocopy, and two 1 inch photos;

5. Payment standard: based on the local social wage in the previous year, the proportion of pension payment is 20%, and that of medical care is about 9%. At present, 80% and 100% are still available.

To sum up, it is invalid for employees to voluntarily give up the social security agreement because its content is illegal.

Legal basis:

Article 10 of People's Republic of China (PRC) Social Insurance Law

Employees shall participate in the basic old-age insurance, and the employer and employees shall jointly pay the basic old-age insurance premium.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.

The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.

Article 12

The employing unit shall pay the basic old-age insurance premium according to the proportion of the total wages of its employees stipulated by the state, and record it in the basic old-age insurance pooling fund.

Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employing unit and other flexible employees who have participated in the basic old-age insurance shall pay the basic old-age insurance premiums in accordance with state regulations and record them in the basic old-age insurance pooling fund and individual accounts respectively.