Is it legal for the company to voluntarily give up social security?

Social security is social insurance, which is paid by workers and employers according to a certain proportion. It is used to protect citizens' right to get material help from the state and society in cases of old age, illness, work injury, unemployment and maternity. Employees take the initiative to ask the employer not to pay social security for them, but to pay in the form of salary increase or subsidy. Both parties will stipulate in the agreement that this is voluntarily given up by employees, and it is invalid for the employer not to assume any responsibility. Paying social insurance according to law is the legal obligation of employers and workers. The company's failure to pay social insurance for the company is a failure to fulfill its legal obligations. Individual's unilateral voluntary waiver of insurance commitment and voluntary waiver of the content of social insurance application is not legally binding because it violates the law. Insurance should be paid according to actual income. The employing unit shall pay various insurances such as pension, medical care, unemployment, work injury and maternity for employees from the date of employment. It is illegal to fail to pay insurance or pay less insurance, and the unit may be required to make up or make corresponding economic compensation. Otherwise, you can report to the labor inspection brigade. If the simple labor arbitration of insurance disputes is not accepted, you can report it to the labor inspection brigade.

legal ground

Article 62 of the Social Insurance Law of People's Republic of China (PRC), if the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the amount that should be paid shall be determined according to 1 10% of the amount paid by the employer last month; After the payment unit completes the declaration procedures, the social insurance fee collection agency shall make settlement in accordance with the provisions. Article 63 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.