Is it valid for employees to give up their social security commitments?

1. Is it valid for employees to give up paying social security commitments?

1. Employee's waiver of social security commitment is invalid. If employees give up paying social security services and violate the mandatory provisions of laws and administrative regulations, giving up paying social security services is invalid. Paying social security is the legal obligation of the employer, and the voluntary waiver of social security agreement by employees has no legal effect.

2. Legal basis: Article 143 of the Civil Code of People's Republic of China (PRC).

A civil juristic act that meets the following conditions is valid:

(1) The actor has corresponding capacity for civil conduct;

(2) the meaning is true;

(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

Article 72 of the Labor Law of People's Republic of China (PRC)

The social insurance fund shall determine the source of funds according to the types of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law. It shows that paying social security is mandatory by law, and personal commitment cannot violate the law, otherwise it will be invalid.

Second, what are the specific penalties for units that do not pay social security?

1, ordered to pay within a time limit. That is, the administrative department of labor and social security orders the employer to pay all the expenses within a certain period of time;

2. Late payment can be added. For each overdue day, the amount of overdue fine is 2 ‰ of the amount owed;

3. The directly responsible person in charge and other directly responsible personnel of the unpaid unit may be fined between 65,438 and 65,438+10,000 yuan.

If employees are unwilling to pay social insurance, enterprises will bear the responsibility.

Paying social insurance for workers is the legal obligation of the employer, and failing to perform it will bear legal responsibility.

Enterprises must pay social insurance to their employees, otherwise it is illegal. In case of disputes in the future, the enterprise will be at a disadvantage.