Job Recruitment Website - Social security inquiry - How can employees sign an agreement if they are unwilling to pay social security?
How can employees sign an agreement if they are unwilling to pay social security?
The agreement that employees are unwilling to pay social insurance is illegal, because social insurance is legal, and both employers and employees must participate in social insurance. If employees are unwilling to participate in social insurance, the employer should communicate with employees to explain the importance of participating in social insurance, so that employees can understand and agree to participate in social insurance.
If the employee is still unwilling to participate in social insurance, the employer may consider consulting with the employee. For example, employees can be negotiated to bear all social insurance expenses themselves, or they can be negotiated to deduct a part from their wages as social insurance expenses. However, these agreements must comply with the law and must be agreed by both parties.
What is the impact of employees not paying social security?
Employees who don't pay social security will have a certain impact on individuals and companies.
For employees, not paying social security will lead to the following problems:
1, unable to enjoy old-age insurance and medical insurance: eligible to receive old-age insurance, you need to pay the pension after 15 years, and you can only receive it monthly after retirement. Medical insurance needs to be paid for 20 years to enjoy it for life.
2. Some cities can't buy a house: some cities need to provide proof of social security payment to buy a house. Employees can't buy houses in these cities without paying social security.
For the company, employees who do not pay social security will also have the following problems:
1. Administrative responsibility: According to Article 84 of the Social Insurance Law, if the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.
2. Civil liability: If employees suffer losses due to failure to pay social security, the company may have to bear corresponding civil liability.
To sum up, the employer should abide by the law, participate in social insurance for employees, and ensure the legality and compliance of the agreement.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 84
If the employer fails to apply for social insurance registration, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.
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