Employees and employers sign an agreement to give up social security. Is this waiver effective?

Generally speaking, the agreement signed between the laborer and the employer shall comply with the provisions of national laws and regulations, otherwise it shall be deemed invalid. In China, the Social Insurance Law and other laws and regulations have very clear provisions on workers' social insurance rights and employers' social insurance obligations.

According to the provisions of the Social Insurance Law of People's Republic of China (PRC), the employer shall participate in social insurance according to law and pay social insurance premiums for workers. At the same time, workers have the right to participate in social insurance according to law and should enjoy all the rights and interests provided by social insurance. Therefore, it is not in compliance with the law for employers and workers to sign an agreement to give up social insurance.

Even if the two sides signed a waiver agreement, the validity of this agreement is controversial in law. According to the provisions of the Labor Contract Law, the agreement in the labor contract shall not violate the mandatory provisions of laws and regulations. Therefore, if the waiver of social security agreement conflicts with laws and regulations, then the agreement is invalid.

In addition, the Supreme People's Court has also promulgated the Interpretation (II) on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (hereinafter referred to as the Interpretation (II)), which stipulates that the people's court shall support workers who request employers to participate in social insurance for them according to law. At the same time, Interpretation (II) also points out that the people's court will not support the agreement between the employee and the employer to give up social insurance.

Therefore, it is legally invalid for workers to sign a social security waiver agreement with employers. Workers still have the right to participate in social insurance according to law and enjoy all the rights and interests provided by social insurance.