Company employees are reluctant to buy social security. Is the statement of voluntarily giving up buying social security useful?

It is useless for employees of the company not to buy social security and to ask for a voluntary waiver statement. Social security must be paid.

The agreement between employers and employees not to pay social security fees has no legal effect.

Article 26 of the Labor Contract Law stipulates that a labor contract that violates the mandatory provisions of laws and administrative regulations is invalid or partially invalid.

The first paragraph of Article 59 of the Social Insurance Law stipulates: "If the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the social insurance premium collection agency shall determine the amount that should be paid according to 1 10% of the amount paid by the unit last month; After the payment unit completes the declaration procedures, the social insurance fee collection agency will settle the account according to the regulations. "

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 the account number of the employer participating in social insurance from banks and other financial institutions, and banks and other financial institutions shall provide assistance."

Paragraph 1 of Article 60 stipulates: "If an employer fails to register for social insurance, the social insurance premium collection agency shall verify the social insurance premium it should pay. If the employer fails to pay or fails to pay the social insurance premium in full, 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 that should be paid within the time limit, the social insurance premium collection agency may, with the consent of its competent department, notify its bank in writing to deduct the social insurance premium from its account; If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign a deferred payment agreement. "

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 seal up and detain the property whose value is equivalent to the social insurance premium that should be paid, and use the auction proceeds to offset the social insurance premium."

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 it fails to make corrections within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan. "

Article 80 stipulates: "If the employer fails to pay or underpays the social insurance premium on time, the relevant competent department shall order it to pay the unpaid part within a time limit, and from the date of default, an additional fine of 5/10000 shall be imposed every day; If it fails to pay within the time limit, it shall be fined between two times and five times the amount owed. "

Therefore, it is the compulsory obligation of the employer to apply for social insurance for the workers who have established labor relations with them. The agreement between the two parties that workers do not voluntarily participate in social insurance is a clear violation of laws and administrative regulations and should be invalid.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.