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Can employees ask not to pay social security?
It is illegal and invalid for workers to ask employers not to pay social insurance. It is legal for employers to pay social insurance for workers, and it must be compulsory. It is illegal for both parties to agree not to pay. 1, it is impossible. Even if the workers ask not to pay social security, the company will not do so, because it is mandatory by law to buy social security for employees, and it is against the labor law not to buy social security units. 2. Social insurance is compulsory by the state, and all units and individuals that establish labor relations must participate, which is clearly stipulated in Article 72 of the Labor Law. Article 16 of the Labor Law stipulates: "A labor contract shall be concluded to establish labor relations." 3. Article 72 of the Labor Law stipulates that employers and workers must participate in social insurance and pay social insurance premiums according to law. Paying social security for employees is the legal obligation of the unit.
Legal objectivity:
According to the relevant provisions of the Labor Law, employers and workers must participate in social insurance and pay social insurance premiums according to law. As can be seen from the legal provisions, social insurance is compulsory by the state, and it is the legal obligation of the employer to handle social insurance for employees. Even if the laborer asks for it voluntarily, it cannot exempt the employer from the legal obligation to participate in social insurance for employees. Although workers voluntarily ask employers not to participate in social insurance for them, and make a written commitment, there is a risk that they will eventually be deemed invalid. The General Principles of the Civil Law also clearly stipulates that civil acts that violate the law or social public interests are invalid. Therefore, the company does not pay social insurance premiums according to law, but directly pays the corresponding fees to the workers themselves, which will bring adverse legal consequences.
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