Employees voluntarily give up social security, can the company not pay it?

According to Chinese laws, employees' social insurance is shared by employees and employers, and employers need to pay a certain percentage of social insurance premiums according to regulations.

In some cases, employees may voluntarily give up social insurance. However, according to the Social Insurance Law of People's Republic of China (PRC) and other relevant laws and regulations, companies are generally not allowed not to pay social insurance. Social insurance is the legitimate rights and interests of employees, and employers are obliged to perform their responsibilities according to regulations, including paying social insurance premiums.

Employers who fail to pay social insurance premiums or pay social insurance for employees according to regulations may face legal responsibilities and fines. In addition, employees also have the right to complain to the labor inspection department or social security department that the company has not paid social insurance according to regulations.

So companies generally have to pay social insurance, even if employees voluntarily give up. If the company faces economic difficulties or special circumstances, it can negotiate with employees, but it must comply with the provisions of laws and regulations and be reviewed and approved by relevant departments. When negotiating with employees, we should ensure legal compliance and protect the legitimate rights and interests of employees.