Negotiate with the company about social security. Can I sue social security if I get the money?

According to the Labor Contract Law and its judicial interpretation and meeting minutes, paying social insurance according to law is the legal obligation of employers and workers, and this obligation cannot be exempted through consultation. As long as the employer pays social security for employees, employees have the right to terminate the labor contract and demand economic compensation. Therefore, as an employer, you can't bring more losses to yourself for petty profits.

Basis: Answers of Beijing Higher People's Court and Beijing Labor and Personnel Dispute Arbitration Committee on the Applicable Law in the Trial of Labor Dispute Cases (20 17). 4。 24

25。 ? Should workers support the employer to ask them not to pay social insurance, and then propose to terminate the labor contract and ask for economic compensation on the grounds that the employer has not paid social insurance?

Paying social insurance according to law is the legal obligation of employers and workers stipulated in the labor law. Even if the laborer asks the employer not to pay social insurance for him, the laborer should still support his claim for economic compensation according to Article 38 of the Labor Contract Law.

Can I arbitrate social security after signing the labor relationship termination agreement and getting compensation?

You can go to the social security bureau to complain, but you can't apply for labor arbitration;

The agreement is valid, but it does not exempt the employer from the legal obligation to pay social insurance. In other words, it is legal for employers to pay social insurance. No matter what agreement is signed, the employer still needs to pay social insurance.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 72 of the Labor Law stipulates that employers and workers must participate in social insurance and pay social insurance premiums according to law.

Paragraph 3 of Article 38 of the Labor Contract Law stipulates that if the employer fails to pay social insurance premiums for the employee according to law, the employee may terminate the labor contract.

Article 10 of the Social Insurance Law, employees shall participate in the basic old-age insurance, and the employer and employees shall jointly pay the basic old-age insurance premium. Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium. The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.

Article 12 The employing unit shall pay the basic old-age insurance premium according to the proportion of the total wages of employees stipulated by the state and record it in the basic old-age insurance pooling fund. Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts. Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employing unit and other flexible employees who have participated in the basic old-age insurance shall pay the basic old-age insurance premiums in accordance with state regulations and record them in the basic old-age insurance pooling fund and individual accounts respectively.

Thirteenth employees of state-owned enterprises and institutions to participate in the basic old-age insurance, the basic old-age insurance premiums payable during the payment period shall be borne by the government. When the basic old-age insurance fund is insufficient to pay, the government gives subsidies.

Article 14 Individual accounts shall not be withdrawn in advance, and the bookkeeping interest rate shall not be lower than the bank time deposit interest rate, and interest tax shall be exempted. If an individual dies, the balance of the individual account can be inherited.