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What if employees don't pay social security?

Legal analysis

1, the employee does not agree to pay social insurance as one of the unqualified employment conditions.

Because employees don't agree to pay social insurance, after a major industrial accident, the employer may have to bear high expenses, but at this stage, the social security agency does not bear any responsibility for the industrial injury that occurred before the employer joined the insurance. Therefore, for employers with more employees going out and more industrial accidents, employees' refusal to pay social insurance should be regarded as one of the unqualified employment conditions to avoid the risk of industrial injuries in an all-round way.

2. Sign an agreement with employees to stipulate the compensation standard for not paying social insurance.

I have to admit that some units pay employees low wages, and if employees are required to pay social insurance, their own living conditions are quite problematic. In this case, if the employer wants to hire such employees, it can only be negotiated by both parties. First, the employer pays commercial insurance for them to avoid certain industrial injury risks, and then gives social compensation according to a certain amount every year. At the same time, the laborer also promised to give up the right to claim social insurance premiums from the employer, or to claim the right to pay social insurance premiums in the future.

3. Reach an industrial injury treatment agreement with the original unit of employees with dual labor relations.

If laid-off workers from state-owned enterprises and collective enterprises pay social insurance for them, they cannot use the work-related injury insurance paid by the original unit to avoid risks because of work-related injuries in the new employer. Therefore, the new employer should contact the laborer's original unit to reach the intention of secondment, or the original unit will declare the work-related injury after it occurs, and the new employer will bear the liability for compensation stipulated in the Regulations on Work-related Injury Insurance.

legal ground

Article 58 of the Social Insurance Law of People's Republic of China (PRC) * * * The employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration. The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.