Commitment of social security exemption

The social security waiver commitment letter is an agreement reached between workers and employers to give up participating in social insurance.

First, the importance of social security contributions

Social insurance is an important part of China's social security system, which aims to provide workers with pension, medical care, unemployment, work injury and maternity protection. Participating in social insurance is not only the rights and interests of workers, but also the legal obligation of employers. By paying social insurance premiums, workers can get corresponding economic compensation and protection when they encounter risks, thus safeguarding their legitimate rights and interests.

Second, the social security waiver commitment is invalid

Although some workers and employers may reach a commitment letter of social security exemption for various reasons, according to the provisions of China's Social Insurance Law, employers and employees should participate in social insurance and pay social insurance premiums according to law. Therefore, this commitment has no legal effect. Employers cannot exempt themselves from legal obligations on the grounds that workers give up social security.

Three, workers should adhere to the legitimate rights and interests.

As workers, we should fully realize the importance of social security and safeguard our legitimate rights and interests. If the employer asks the employee to sign a letter of commitment to exempt from paying social security, the employee shall refuse and report to the relevant department. At the same time, workers can also safeguard their legitimate rights and interests through legal channels, requiring employers to participate in social insurance and pay related fees according to law.

Four, the employer shall perform its statutory obligations.

The employing unit, as the employing unit of the laborer, shall actively fulfill its legal obligations, participate in social insurance for the laborer, and pay the relevant expenses in full and on time. The employer shall not exempt or reduce its legal obligations for any reason, and shall not sign a social security exemption commitment letter with the employee to avoid legal responsibility.

To sum up:

Abandoning social security commitments has no legal effect, and employers and workers should participate in social insurance according to law and pay relevant fees. Workers should stick to their legitimate rights and interests, refuse to sign such commitments, and safeguard their rights and interests through legal channels. The employing unit shall actively fulfill its legal obligations and provide necessary social security for workers.

Legal basis:

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

Article 4 provides that:

Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights records, and require social insurance agencies to provide social insurance consultation and other related services.

Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

Article 58 provides that:

The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.