Job Recruitment Website - Social security inquiry - Can workers voluntarily give up social insurance enterprises be exempted from liability?
Can workers voluntarily give up social insurance enterprises be exempted from liability?
Sun signed a labor contract with Company A, and put forward to give up his social insurance right in writing, so Company A failed to pay Sun the social insurance premium. After the conflict between Sun and Unit A, he resigned on the grounds that the employer failed to handle social insurance for him, and asked him to pay the social insurance premium that should be paid and pay the economic compensation for the termination of the labor contract. Should the employer bear this responsibility? Social security payment has two characteristics: first, it is a mandatory legal obligation that no unit or employee may violate. Article 72 of the Labor Law of People's Republic of China (PRC) stipulates that employers and workers must participate in social insurance and pay social insurance premiums according to law. Article 17 of the Labor Contract Law stipulates that "social insurance" is a necessary clause in the labor contract. Article 12 of the Social Insurance Law stipulates that the employer 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. Second, the initiative to pay is entirely in the employer. Article 60 of the Social Insurance Law stipulates that the social insurance premiums payable by employees shall be withheld and remitted by the employer, and the employer shall inform me of the details of the social insurance premiums paid on a monthly basis. To sum up, Party A should bear this legal responsibility.
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