Job Recruitment Website - Social security inquiry - Is it necessary to buy factory social security?
Is it necessary to buy factory social security?
Social insurance is compulsory by the state, and it is the legal obligation of the employer to handle social insurance for employees.
Neither employers nor employees can dispose of this right and obligation at will.
It is illegal and invalid to sign an agreement with the employer voluntarily to give up participating in social insurance.
As an invalid agreement, it is not legally binding on workers and employers, and the company should still bear the obligation to pay social insurance for employees.
02, employees don't want to pay social security is not allowed.
According to Article 72 of the Labor Law of People's Republic of China (PRC): "The social insurance fund determines the source of funds according to the types of insurance, and gradually implements social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law. "
Therefore, it is a legal obligation for employers to pay social security, which cannot be evaded.
So as long as you sign a labor contract with a regular unit, the unit must pay social security for you, and of course you must also pay social security according to regulations.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 60 The employing unit shall declare on its own and pay social insurance premiums in full and on time. Except for legal reasons such as force majeure, the payment shall not be postponed or reduced. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis. Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.
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.
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