Job Recruitment Website - Social security inquiry - Company employees are reluctant to buy social security. Is the statement of voluntarily giving up buying social security useful?
Company employees are reluctant to buy social security. Is the statement of voluntarily giving up buying social security useful?
An agreement between an employer and an employee that fails to pay social security fees has no legal effect.
Article 26 of the Labor Contract Law stipulates that those who violate the mandatory provisions and administrative regulations of the labor contract are invalid or partially invalid.
Article 59 of the Social Insurance Law stipulates: "If the employer fails to declare social insurance premiums in accordance with the regulations, the social insurance premium collection agency shall verify it in accordance with the regulations. One hundred and ten percent of the amount paid by the unit last month; After the payer goes through the declaration formalities, the social insurance premium will be collected by the agency.
The second paragraph of this article stipulates: "If an employer fails to pay social insurance premiums in full and on time, the social insurance fee collection agency may inquire about the account of the employer participating in social insurance from financial institutions such as social banks, and financial institutions such as banks shall provide assistance.
Paragraph 1 of Article 60 stipulates: "If the employer fails to register for social insurance, the social insurance premium shall be approved by the social insurance premium collection agency. If the employer fails to pay social insurance premiums or fails to pay social insurance premiums, the social insurance premium collection agency shall order it to pay or make up within a time limit.
The second paragraph of this article stipulates: "If the employer fails to pay or make up the social insurance premium it should pay, the social insurance premium collection agency may notify the issuing bank in writing with the consent of the competent department. When the social insurance premium is included in the account, the balance of the employer's account is lower than the social insurance premium payable, and the social insurance premium is lower than the social insurance premium payable. Insurance premium collection agencies may require units to provide guarantees and sign deferred payment agreements.
This article stipulates: "If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court to seize the property whose value is equivalent to the social insurance premium that should be paid, and pay the social insurance premium by auction.
Article 79 stipulates: "If the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of more than three times shall be imposed. Those who pay social insurance premiums shall pay to the employing unit, and the directly responsible person in charge and other directly responsible personnel exceed 500 yuan. A fine of less than 3,000 yuan. "
Article 80 stipulates: "If an employer fails to pay social insurance premiums on time or fails to pay them in arrears, the relevant competent department shall order it to pay them within a time limit, and from the date of default, an overdue fine of five ten thousandths shall be added daily. If it fails to pay within the time limit, the amount owed shall be more than two times and less than five times.
Therefore, it is a compulsory obligation stipulated by law for employers to establish labor relations with workers and apply for social insurance. The agreement between the two parties that workers voluntarily participate in social insurance is obviously in violation of the provisions of laws and administrative regulations and should be null and void.
As you said, it is illegal not to pay the social insurance company. Therefore, when writing this social insurance agreement, you should point out that any consequences arising therefrom can be borne by employees. Even if the employee denies suing the company afterwards, the consequences will be borne by the employee and the company will not be liable for compensation. You can refer to the following:
I participated in XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Add new rural social endowment insurance and/or new rural cooperative medical insurance and other supplementary insurance methods. If you don't want to buy social insurance, please don't pay social insurance for yourself (including pension, medical care, unemployment, work injury, maternity insurance, etc.). ). NCE and so on. In other words, I voluntarily give up your right to pay social insurance for me.
I hereby confirm that if I give up your right to pay social insurance for me, all the consequences will be borne by me, not your company. I promise that I will not ask you to terminate the labor relationship with your company, nor will I ask you to provide any economic compensation.
We hereby confirm that.
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