Can you ask the company not to pay five insurances and one gold?

Can't take the initiative to ask not to pay five insurances and one gold. Five insurances and one gold are mandatory provisions of the state for enterprises, which are stipulated by law. Even if the personal statement is not enough, the employer shall apply to the social insurance agency for social insurance registration for its employees within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

Consequences of not paying social insurance:

1, the consequences of workers not paying

(1) Unable to enjoy pension insurance and medical insurance;

(2) It is impossible to buy a house in some cities; Many cities directly link the conditions of buying a house with social security.

2, the consequences of the enterprise does not pay.

(1) Take administrative responsibility: if the enterprise fails to pay social security, the social security administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of more than one time and less than three times the amount of social insurance premium shall be paid, and a fine of more than 500 yuan and less than 3,000 yuan shall be imposed on the directly responsible person in charge and other directly responsible personnel.

(2) bear civil liability for compensation: enterprises should compensate for losses such as pensions; If the labor contract is terminated due to failure to pay social security, the enterprise shall pay economic compensation.

Even though everyone is well aware of the mandatory provisions for purchasing social security, some companies can exempt employees from social security in order to avoid financial expenditure, which seriously infringes on the rights and interests of workers. Therefore, employees of the company can actually apply for labor arbitration for the company's failure to provide social security. The specific steps are as follows:

1. Submit the application. When applying for arbitration, the parties must submit an application for arbitration and submit copies according to the number of respondents.

2. Arbitration acceptance. The Arbitration Commission shall, within five days from the date of receiving the application for arbitration, make a decision on whether to accept or reject it.

3. Hold a trial. The arbitration tribunal will notify both parties of the date and place of the hearing in writing five days before the hearing. If the applicant refuses to appear in court without justifiable reasons or withdraws from court halfway without the consent of the arbitration tribunal, the case shall be dismissed, and the respondent may make an award by default.

4. Arbitration and mediation. When handling labor disputes, the arbitration tribunal conducts mediation first, and on the basis of finding out the facts, it urges the parties to reach an agreement voluntarily. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement according to the contents of the agreement, and the conciliation statement shall take legal effect from the date of service; If the mediation fails to reach an agreement, the arbitration tribunal will make an award in time.

5. Arbitral award. The arbitration tribunal's trial of labor dispute cases will end within 45 days from the date when the Labor Arbitration Commission accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed upon approval, and the parties concerned shall be notified in writing, and the extension period shall not exceed fifteen days. After the arbitration tribunal makes an award, it shall make an arbitration award and serve it on both parties. If a party refuses to accept the arbitration award, it may bring a suit in a people's court within 15 days from the date of receiving the award; If no lawsuit is filed at the expiration of the time limit, the award will take legal effect.

legal ground

People's Republic of China (PRC) social insurance law

Article 86 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 within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed. .