What if employees are unwilling to buy social security?

Enterprises sometimes encounter some employees who are unwilling to buy social security for various reasons. How to deal with the HR of the enterprise when encountering such employees? The following are employees who are not willing to buy social security carefully compiled by Xiaobian for reference only.

Measures taken by enterprises to deal with employees' reluctance to purchase social security 1, restrictions on employment conditions during probation period

For employees who are unwilling to pay social insurance, enterprises can take it as one of the employment conditions in the employee handbook, and can stipulate? Unwilling to pay social insurance? Or? Failing to submit the materials required by the enterprise to handle social insurance within the prescribed time limit? And so on, as the conditions for the probation period of the enterprise.

2. terminate the labor contract through consultation

For employees who have passed the probation period and are unwilling to pay social insurance, enterprises generally cannot directly terminate the labor contract on the grounds that employees are unwilling to pay social insurance. The best way is for enterprises to negotiate with employees to terminate their labor contracts.

The reasons why employees are unwilling to pay social insurance can be summarized as follows:

1, geographical reasons. Many migrant workers, especially those with rural hukou, think that it is impossible for them to work in the city where their enterprises are located until they retire. If they go back to their hometown or go to other cities after working for several years, the transfer of social insurance will be very troublesome. So enterprises are unwilling to pay social insurance for them.

2. Salary reasons. Many workers have low wages and are unwilling to deduct some money from their meager wages to pay social security.

3. Other reasons. This includes the laid-off workers of former state-owned enterprises and collective enterprises who have not terminated their labor relations with their original units, and the original units have been paying social insurance for them, and the employees are unwilling to transfer out; In some areas, the policy is that new units can't cut off social security before paying social security (pension). If it is broken, the new unit can only pay social security after it has been paid in full, and the workers are unwilling to pay the previous fees, resulting in the new unit being unable to pay social security for employees.

Can enterprises ask employees to issue similar promises of not paying social security to avoid disputes?

If many enterprises encounter the above-mentioned employees, they will generally be required to sign a letter of commitment. The content is probably because of what reason employees agree or take the initiative to ask enterprises not to pay social security for them. In the future, there will be no disputes with enterprises because they have not paid social security, and all consequences will be at their own risk. For such a letter of commitment, the author believes that it has no legal effect except that it is psychologically binding on workers who don't know much about labor law. Because participating in social insurance according to law and paying social insurance premiums in full and on time are not only the obligations of employers, but also the rights and obligations that every worker should enjoy. In addition, the Provisional Regulations on the Collection and Payment of Social Insurance Premium and other relevant laws and regulations stipulate that the social insurance premium paid by the employer for the workers shall enter the social pooling fund. Failure to participate in social insurance and pay social insurance premiums according to law not only violates the provisions of national laws and regulations, but also directly harms the interests of the public. Therefore, the right to participate in social insurance is something that workers have no right to give up.

The legal risk of an enterprise not paying social insurance for its employees is 1, and it needs to pay a late fee. If the enterprise fails to pay social insurance for its employees, the employees can complain to the social security agency, or file a labor arbitration to ask the enterprise to pay back. Article 13 of the Interim Regulations on the Collection and Payment of Social Insurance Fees stipulates that if the payer fails to pay and withhold social insurance premiums in accordance with the regulations, the labor insurance administrative department or tax authorities shall order it to pay within a time limit; Fails to pay, in addition to repay the amount owed, from the date of default, an additional 2/1000 of the daily fines. Late payment fees are incorporated into social insurance funds. ?

2. Economic compensation. Article 38 of the Labor Contract Law stipulates that the employee may terminate the labor contract under any of the following circumstances: (3) failing to pay social insurance for the employee according to law; ? Therefore, if the enterprise fails to pay social insurance for its employees, the employees can terminate the labor contract with the enterprise on this ground and have the right to demand economic compensation from the enterprise according to the first paragraph of Article 46 of the Labor Contract Law.

3. compensate for the losses. According to Article 1 of the Interpretation of the Supreme Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, the people's court shall accept disputes arising from the failure of the employer to handle social insurance procedures for the workers and the inability of social insurance agencies to make up for them. ? If the enterprise fails to pay social insurance for its employees, resulting in the loss of medical treatment, work injury and endowment insurance, the enterprise needs to compensate the employees for their losses.

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