I voluntarily give up paying social security legal

The workers themselves voluntarily give up to buy social security can not, the specific reasons are as follows:

1, because social insurance is the state mandatory insurance, social insurance for employees is the employer's legal obligations, not in accordance with the provisions of the payment of words:

(1) the worker has the right to terminate the labor contract, the employer shall pay economic compensation;

(2) the worker has the right to to claim compensation from the employer on the grounds that the employer has failed to carry out social insurance procedures for him and the social insurance agency cannot make up for the failure to enjoy social insurance benefits;

(3) administrative penalties imposed by the social security agency on the employer:

2. Neither the employer nor the laborer is free to dispose of this right and obligation. The agreement to waive participation in social insurance is itself a violation of the law and is invalid;

3. As an invalid agreement, it is not legally binding on both the laborer and the employer,

Legal basis: Article 86 of the Social Insurance Law of the People's Republic of China

An employer who fails to pay social insurance premiums in full and on time shall be punished by the social insurance authorities. If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums within a certain period of time or to make up the full amount, and shall impose a late fee of five ten thousandths of a cent per day on the employer from the date of non-payment.

Article 88

If a person obtains social insurance benefits by fraud, falsification of supporting documents or other means, the administrative department of social insurance shall order the return of the fraudulently obtained social insurance benefits, and impose a fine of not less than twice and not more than five times the amount of the fraudulent benefits.