Does voluntary waiver of social security agreement have legal effect? What's the impact?

Does voluntary waiver of social security agreement have legal effect?

No, employers and employees must participate in social insurance and pay social insurance premiums according to law. It is the legal obligation of the employer to participate in social insurance and pay social insurance premiums for employees according to law. Employers and employees cannot change or waive this obligation by agreement.

If we sign a voluntary waiver of social security agreement, it will affect not only the individual employees, but also the employers.

First, the impact on employers:

1 According to Article 86 of the 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 departments shall impose a fine of more than one time and less than three times the amount owed.

According to Item (1) of Article 46 of the Labor Contract Law, if the employer fails to pay social insurance premiums for the employee according to law, the employee may terminate the labor contract and the employer shall pay economic compensation to the employee.

If an employee of an employer who should participate in work-related injury insurance but does not participate in work-related injury insurance suffers from work-related injuries, the employer shall pay the expenses according to the treatment items and standards of work-related injury insurance.

Employees who have not participated in work-related injury insurance shall, within 1 year from the date of work-related injury, apply for work-related injury identification to the social insurance department of the overall planning area where the employer is located, but the relevant expenses after work-related injury shall be paid by the employer according to the treatment items and standards of work-related injury insurance.

Second, the impact on employees.

1 because our pension needs to be paid 15 or above, if it is not paid or interrupted for a long time, and the accumulated payment period is less than 15 when we reach the legal retirement age, we will not be able to go through the pension collection procedures, and we need to continue to extend the payment period to the due date.

Moreover, the amount of pension is related to the payment base, the payment period (including the deemed payment period), the accumulated storage amount of personal accounts, the calculation base of pension benefits at retirement and other factors. Therefore, the longer the interruption time, the less the payment, the shorter the insurance period, the less the accumulated savings in personal accounts and the lower the pension.

One of the conditions for receiving unemployment insurance money is that you have participated in unemployment insurance, and your unit and I have fulfilled the obligation to pay for one year. If the employer does not pay unemployment insurance, it will affect the employees to receive unemployment insurance.

Maternity insurance, like unemployment insurance, needs to be paid for one year to use.

In short, social security is the most basic social insurance, and for employees, the contribution rate of social security is very low, so social security is actually an important part of our salary, so we must pay attention to it.