Who will pay the late payment fee that employees give up in the later period of social security?

Employees who voluntarily give up paying social security late fees shall be borne by themselves. According to "People's Republic of China (PRC) Social Insurance Law" and "Administrative Measures for the Collection and Payment of Social Insurance Fees", individuals who fail to pay social insurance fees on time shall pay late fees as required. Employees voluntarily give up participating in the social security system, which means that they bear risks and responsibilities. If they decide to pay back, they should pay the late payment fee according to the regulations. For more specific information, please consult your local social security bureau or lawyer.

According to my understanding of China's social security system, employees should voluntarily give up the late payment fee for social security, which should be borne by themselves. According to the provisions of Article 46 of the Social Insurance Law of People's Republic of China (PRC), units and individuals that fail to pay social insurance premiums on time shall pay late fees in accordance with regulations. "Measures for the Administration of the Collection of Social Insurance Fees" Article 28 If an individual fails to pay social insurance fees on time, the overdue fine shall be calculated at 0.05% of the payable amount every day.

The employee voluntarily gives up paying social insurance, which means that he chooses not to participate in the social insurance system, so the risks and responsibilities are borne by himself. If the employee decides to pay the social security fee in the future, he should pay the late fee according to the regulations, which is the result of his failure to pay the social security fee on time.

It should be noted that different regions may have different specific regulations and implementation. Therefore, it is recommended that you consult the local social security management department or lawyer to obtain more accurate and specific information.

The responsibility for late payment fees after employees voluntarily give up paying social security involves the power and responsibility relationship between employers and employees. According to the relevant laws and regulations, employees voluntarily give up paying social security, which means giving up the right to enjoy social security benefits. Therefore, according to the contract or labor law, the responsibility for late payment is usually borne by employees. However, in some cases, the employer can clearly stipulate in the contract that it will bear the responsibility for overdue payment. In addition, according to the specific situation of labor relations and local laws and regulations, the attribution of late payment responsibility may be different. Therefore, to solve this problem, it is necessary to comprehensively consider the rights and interests of all parties and relevant legal provisions, and clearly stipulate the responsibility attribution in the employment contract or agreement.

Legal basis:

People's Republic of China (PRC) Social Insurance Law;

Chapter VII Collection and Payment of Social Insurance Fees

Article 63 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. 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 guarantee and sign a deferred payment agreement. 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 for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.