Is it legally effective for employees to sign an application for voluntary waiver of social security?

This agreement is not protected by law, and the law clearly stipulates that it is the legal obligation of enterprises to buy social insurance for employees, which has no legal effect.

Article 72 of China's "Labor Law" stipulates: "The social insurance fund determines the source of funds according to the types of insurance, and gradually implements social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law. " Article 10 of China's Social Insurance Law stipulates: "Employees shall participate in endowment insurance, and employers and employees shall jointly pay the basic endowment insurance premium."

Article 38 of China's Labor Contract Law stipulates: "If the employer fails to pay social insurance premiums for the employees according to law, the employees may terminate the labor contract." Moreover, according to Article 46 of China's Labor Contract Law, if the employee terminates the labor contract because the employer fails to pay social insurance premiums, the employer shall pay economic compensation to the employee.

Extended data

Workers' rights

(1) Equal employment rights. The labor law stipulates that all citizens who have the ability to work have equal employment rights, that is, workers have the right to employment. The right to employment is the right of citizens who have the ability to work to obtain practical protection to participate in social labor and get paid according to their work. Citizens' right to employment is the basis for citizens to enjoy other rights. If citizens' right to employment cannot be realized, all other rights will also promote the foundation.

(2) the right to choose a career. The Labor Law stipulates that workers have the right to choose a career that suits their talents and hobbies according to their own wishes, their own quality, ability, hobbies and market information, that is, workers have the right to choose a job freely. The right to choose a job is conducive to the workers to give full play to their own specialties and promote the development of social productive forces. This is not only the embodiment of workers' labor rights, but also a sign of social progress.

(3) the right to receive labor remuneration. According to the Labor Law, workers have the right to receive remuneration in accordance with the labor contract and relevant state laws. The right to receive labor remuneration is an indispensable material guarantee for workers to continue to exercise their labor rights.

(4) The right to labor safety and health protection. The Labor Law stipulates that workers have the right to obtain labor safety and health protection. This is the most direct protection for workers' life safety and health and their enjoyment of labor rights.

(5) Have the right to rest. According to our constitution, workers have the right to rest. To this end, the state has stipulated the working hours and vacation system for employees and developed facilities for employees to rest and recuperate.

(6) the right to enjoy social insurance benefits. In order to provide protection for workers when they are sick and old, China's labor law stipulates that workers have the right to social insurance and welfare, that is, workers enjoy labor insurance and welfare including endowment insurance, medical insurance, work injury insurance, unemployment insurance and maternity insurance. Social insurance and welfare are the objective needs of labor reproduction.

(7) the right to receive vocational skills training. According to the Constitution of China, citizens have the right and obligation to receive education. The so-called education includes both general education and vocational education. The right to receive vocational skills training is the basic condition for workers to realize their labor rights, because workers must have certain vocational skills to realize their labor rights, and to acquire these vocational skills, they must receive special vocational training.

(8) The right to submit a labor dispute for settlement. The Labor Law stipulates that when there is a labor dispute between the employee and the employer, the employee has the right to submit the dispute for settlement, that is, the employee has the right to apply to the Labor Dispute Mediation Committee, the Labor Arbitration Committee and the court for mediation, arbitration and litigation according to law. Among them, the labor dispute mediation committee consists of employers, trade unions and workers' representatives, and the labor arbitration committee consists of labor administrative departments, trade unions at the same level and employers' representatives.

(9) Other rights as prescribed by law. Other rights stipulated by law include: other rights stipulated by law. Other rights stipulated by law include: the right to join and organize trade unions, the right to participate in democratic management and the right to participate in social voluntary labor according to law.

The right to engage in scientific research, technological innovation and invention-creation, the right to terminate the labor contract according to law, the right to refuse to carry out the right of the management personnel of the employer to command and force risky operations in violation of regulations, the right to criticize, report and accuse acts that endanger life safety and health, and the right to supervise acts that violate labor laws.

reference data

People's Network-Labor Law