Is it legal for the unit to ask individuals to give up social security automatically?

It is illegal for the unit to require individuals to voluntarily give up social security.

Social security is a basic social security system stipulated by national laws, which aims to ensure that workers can maintain their basic livelihood in the case of illness, old age and unemployment, and at the same time promote social stability and economic development. Therefore, the unit cannot force or require employees to give up their social security rights automatically.

First, the legitimacy of social security.

Social security is stipulated by national laws and regulations, is the basic right that workers should enjoy, and is also the legal obligation that employers should perform. The social security system is not only related to the personal interests of workers, but also related to the social stability and economic development of the country. Therefore, no unit or individual can arbitrarily deprive or give up social security rights and interests.

Second, the obligations and responsibilities of the unit

As an employer, the unit has the obligation to pay social insurance premiums for employees and handle social insurance procedures for employees. Units cannot be exempted from their own legal responsibilities because employees voluntarily give up social security. If the unit forces or induces employees to give up social security, it not only violates national laws and regulations, but also damages the legitimate rights and interests of employees.

Third, the rights and protection of employees.

Employees are the direct beneficiaries of the social security system and enjoy the right to participate in social insurance according to law. Employees should consciously safeguard their social security rights and interests and don't give up easily. If the unit requires employees to voluntarily give up social security, employees can complain and report to the labor inspection department to safeguard their legitimate rights and interests.

To sum up:

It is illegal for the unit to require individuals to voluntarily give up social security, which violates national laws and regulations and the legitimate rights and interests of workers. Employers should fulfill their obligations to pay social insurance premiums, and workers should consciously safeguard their social security rights and interests. Workers can complain and report to the relevant departments when the unit requests to give up social security, and safeguard their legitimate rights and interests.

Legal basis:

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

Article 10 stipulates:

Employees shall participate in basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, and the employer and employees shall jointly pay the basic old-age insurance premium and basic medical insurance premium.

This regulation clarifies the legal nature of employees' participation in social insurance and the obligation of employers and employees to jointly pay social insurance premiums.

Labor law of the people's Republic of China

Article 72 provides that:

The social insurance fund shall determine the source of funds according to the types of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.