How to deal with employees who don't have to pay social security?

If employees voluntarily refuse to pay social security, the company needs employees to write their own commitment letters. He also said that it is voluntary not to pay social security through the company, and promised that there will be no disputes with the company on social security issues in the future, and all consequences will be at your own risk, in case of accidents.

The reasons why employees are unwilling to pay social insurance are generally summarized as follows:

1, geographical reasons. Many migrant workers, especially those with rural hukou, think that it is impossible for them to work in the city where their enterprises are located until they retire. If they go back to their hometown or go to other cities after working for several years, the transfer of social insurance will be very troublesome. So enterprises are unwilling to pay social insurance for them.

2. Salary reasons. Many workers have low wages and are unwilling to deduct some money from their meager wages to pay social security.

3. Other reasons. This includes the laid-off workers of former state-owned enterprises and collective enterprises who have not terminated their labor relations with their original units, and the original units have been paying social insurance for them, and the employees are unwilling to transfer out; In some areas, the policy is that new units can't cut off social security before paying social security (pension). If it is broken, the new unit can only pay social security after it has been paid in full, and the workers are unwilling to pay the previous fees, resulting in the new unit being unable to pay social security for employees and so on.

The legal risk of an enterprise not paying social insurance for its employees is 1, and it needs to pay a late fee. If the enterprise fails to pay social insurance for its employees, the employees can complain to the social security agency or file a labor arbitration, and ask the enterprise to pay social insurance premiums. If the payer fails to pay and withhold social insurance premiums in accordance with the regulations, the administrative department of labor insurance or the tax authorities shall order it to pay within a time limit; Fails to pay, in addition to repay the amount owed, from the date of default, an additional 2/1000 of the daily fines. Late payment fees are incorporated into social insurance funds. "

Legal basis:

According to article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (III):

The people's court shall accept the dispute that the employer fails to go through the social insurance formalities for the employee, and the social insurance agency cannot make up for it, resulting in the employee being unable to enjoy the social insurance benefits.