Is it legal for employees to sign a letter of commitment to voluntarily give up buying social insurance?

Paying social security is the legal obligation of the employer, and the voluntary waiver of social security agreement by employees has no legal effect.

Many companies take advantage of loopholes in the law to make employees "voluntarily" sign waiver agreements with the company for the company's cost. But in fact, this agreement itself is illegal and has no legal effect. It is necessary to know that it is a legal obligation for the company to handle social security for its employees. Even if the employees sign a commitment letter of "no investigation" and "voluntary", the employees can still ask the company to pay back through legal channels.

Many companies think it's no big deal not to pay social security to employees according to regulations. In fact, if the circumstances are serious, the human resources and social security department may impose a fine of more than 1 times and less than 3 times the amount owed to the employer, and an additional fine of 0.5 ‰ shall be imposed on the employer on a daily basis from the date of default. If the company pays employees in the form of so-called cash subsidies, the relevant expenses that employees have received should also be returned to the company.

Although the "Labor Contract Law" stipulates that the employer shall pay economic compensation if the employee terminates his labor because he "fails to pay social insurance premiums for the employee according to law", this provision is based on the punitive provision that the employer maliciously fails to perform the obligation of paying social insurance for the employee.

It is not advisable to ask enterprises to voluntarily give up social security in private, and then claim compensation from the unit on this ground after joining the company. The unit does not pay social security to employees. If it is discovered by the relevant departments, the punishment for the unit is very heavy.

According to China's laws, as long as employees and employers have established labor relations, employers should insure employees. Employers who violate this legal obligation will bear legal responsibility. According to the provisions of the Labor Law, the Provisional Regulations on the Collection and Payment of Social Insurance Fees, the Measures for Supervision and Inspection of the Collection and Payment of Social Insurance Fees and the Measures for Administrative Punishment in Violation of the Labor Law of People's Republic of China (PRC), the specific penalties are as follows:

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

(two) overdue payment, you can charge a late fee. For each day overdue, the fine is two thousandths of the amount owed.

(3) The person in charge directly responsible for the unit and other directly responsible personnel 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. For enterprises, employees who are unwilling to pay social insurance either don't want it at all, or make sense to persuade employees to participate in insurance according to law. It is not feasible in law for employees to write a written application such as "voluntary non-payment of social insurance". Social security agencies have the right to directly fine employers and responsible persons who have not registered for social security.

legal ground

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

Eighty-fourth employers do not apply for social insurance registration, the social insurance administrative department shall order them to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined more than one time and less than three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined more than 500 yuan and less than 3,000 yuan.

Article 85 If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of non-payment, 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.