Job Recruitment Website - Social security inquiry - Employees don't need social security. Can enterprises not pay?
Employees don't need social security. Can enterprises not pay?
Legal analysis: No, employers and workers must participate in social insurance and pay social insurance premiums according to law. Paying social insurance premiums is not only the obligation of employers, but also the obligation of workers. Laborers can give up their rights, but they must fulfill their obligations and have no right to give up. Therefore, even if workers do not want to participate in social insurance, it is not enough. The employing unit shall pay social insurance premiums for its employees. Social security is the insurance that the state forces enterprises to pay for employees, including endowment insurance, medical insurance, work injury insurance, unemployment insurance and maternity insurance, and the payment is shared by both enterprises and employees. If you pay it yourself, the cost is more than that paid by the enterprise, so it is still recommended not to sign the certificate of non-payment of social security. If you strongly demand not to pay social security, it is effective to follow the principle of not going against the wishes of workers in accordance with the labor law. However, if employees are forced to write a guarantee of voluntary non-payment, it will be invalid.
Legal basis: Article 72 of the Labor Law of People's Republic of China (PRC) determines the sources of social insurance funds according to the types of insurance, and gradually implements social overall planning. Employers and workers must participate in social insurance and pay social insurance premiums according to law.
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