If I don't leave my job, can I ask the company to stop paying my social security?

During the normal labor relationship between the employee and the employer, the employer shall pay social insurance for the employee on time according to law, and shall not pay it in arrears or in full, otherwise it will infringe upon the legitimate rights and interests of the employee. Even if the employee voluntarily proposes not to pay social insurance, the people's court will not support it.

Legal analysis

Legal Basis "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (III)" Article 1 If a dispute arises because the employer fails to handle the social insurance formalities for the workers and the social insurance agency cannot make up for it, the people's court shall accept it.

The employing unit shall pay social insurance for employees on time according to law. If the employee fails to pay in full or is in arrears, he/she may complain to the labor inspection department where the employer is located, claim his/her legitimate rights and interests, or complain to the department in charge of social insurance collection and payment of the tax authorities.

If the employee voluntarily refuses to pay social security and submits a written application requesting the employer not to pay social security for the employee, the people's court will not support it.

According to Article 38 of the Labor Contract Law, if the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract and ask the employer to pay economic compensation. The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. If the employer fails to pay the social insurance premium for the employee according to law, resulting in the employee being unable to enjoy social insurance benefits and suffering losses, the employee may also request the employer to compensate for the losses according to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (III).

legal ground

Article 4 of People's Republic of China (PRC) Social Insurance Law Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights and interests records, and require social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

Opinions of the Ministry of Labor and Social Security on Several Issues in Implementation Article 1 If an employee is employed by two or more employers at the same time, each employer shall pay work-related injury insurance premiums for the employee separately. If an employee is injured at work, the unit to which he belongs shall bear the responsibility of work-related injury insurance according to law.