Is it legal to give up paying social security?

It is illegal to give up paying social security.

1. According to Chinese laws, employers and workers must participate in social insurance and pay social insurance premiums according to law;

2. Employees voluntarily give up the social security commitment letter, which violates the mandatory provisions of the Social Insurance Law and is an invalid commitment;

3. If the employer fails to pay the social security fee in full and on time, the social security collection organ has the right to order the employer to pay within a time limit and may impose a fine;

4. Even if the employee issues a letter of commitment to give up buying social security, the employer should still buy social security for the employee according to law.

The legal provisions of social security:

1. Compulsory social insurance: According to the Social Insurance Law of People's Republic of China (PRC), employers and individuals shall participate in social insurance according to law and pay social insurance premiums in full and on time;

2. Responsibility of the employer: The employer shall not evade or reduce its obligation to pay social insurance premiums in any form;

3. Protection of personal rights and interests: The social insurance rights and interests of individual employees are protected by law and may not be deprived or restricted by signing any agreement or commitment;

4. Legal consequences: those who violate the provisions of the Social Insurance Law and do not participate in social insurance or pay social insurance premiums in full and on time will face administrative penalties, including fines and orders to make corrections;

5. Appeal channel: If employees think that the employer has infringed their social insurance rights and interests, they can complain to the social insurance administrative department or bring a lawsuit according to law.

To sum up, according to the laws of our country, the undertaking that employees voluntarily give up paying social security is invalid, and the employer should still pay social security fees in full and on time.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 60

The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis. Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.