Is it legal for employees to voluntarily give up social security?

First of all, we need to clarify the nature and significance of social insurance. Social insurance is a system established by the state to ensure that workers can get certain economic help when facing specific risks. It involves the basic rights and interests of workers, including pension insurance, medical insurance and unemployment insurance. These insurance systems are designed to ensure that workers can get the necessary protection when they encounter risks and maintain social stability, fairness and justice.

Secondly, let's look at the legal effect of employees voluntarily giving up their social security commitments. In China, workers' social insurance rights and interests are protected by law. According to the Labor Law of People's Republic of China (PRC) and relevant regulations, the employer shall pay social insurance premiums for the workers according to law, and the workers also have the right to ask the employer to pay social insurance for them. Therefore, the legal effect of employees voluntarily giving up social security is problematic.

From a legal point of view, employees voluntarily giving up social security may violate the relevant provisions of the Labor Law of People's Republic of China (PRC), because it means that workers give up their social insurance rights and interests according to law. In addition, even if employees voluntarily give up social security, employers are still obliged to pay social insurance premiums for employees, because this is the statutory obligation of employers.

However, in practice, some employers may sign such a letter of commitment with employees in order to reduce costs or evade legal responsibilities. In this case, even if the employee signed a letter of commitment to voluntarily give up social security, if the employer fails to pay social insurance premiums for the employee according to law, it still needs to bear corresponding legal responsibilities.

To sum up:

It is illegal for employees to voluntarily give up social security, because the social insurance rights and interests of workers are protected by law, and employers are also obliged to pay social insurance premiums for employees. Even if the employee signs such a letter of commitment, it cannot exempt the employer from legal responsibility. Therefore, employers should strictly abide by relevant laws and regulations to ensure that the social insurance rights and interests of workers are effectively protected.

Legal basis:

Labor law of the people's Republic of China

Article 72 provides that:

"The social insurance fund shall determine the source of funds according to the types of insurance, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law. "

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

Article 4 provides that:

"Employers and individuals in People's Republic of China (PRC) have the right to inquire about payment records and personal rights and interests records, and require social insurance agencies to provide social insurance consulting and other related services. Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units. "