What are the provisions of the Labor Contract Law on employees' basic social insurance? Can employees choose their own insurance grades?

1. Employees are not allowed to choose their own insurance grades, but they should truthfully declare the employee contribution base according to their income and local social security regulations.

Article 1 This Law is formulated in order to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of workers, and establish and develop harmonious and stable labor relations.

3. Article 2 This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations (hereinafter referred to as employing units) in People's Republic of China (PRC) to establish labor relations with laborers and conclude, perform, modify, dissolve or terminate labor contracts. State organs, institutions, social organizations and laborers who have established labor relations with them shall conclude, perform, modify, dissolve or terminate labor contracts in accordance with this Law.

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, honesty and credibility. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

5. The employing unit shall establish and improve the labor rules and regulations in accordance with the law, and ensure that the laborers stipulated in the Labor Contract Law of People's Republic of China (PRC) enjoy the labor rights and perform the labor obligations.

6. When an employer formulates, modifies or decides the rules, regulations or major issues that are directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline and labor quota management, it shall be discussed by the workers' congress or all employees, put forward plans and opinions, and determined through equal consultation with the trade union or employee representatives.

7. In the process of implementing rules and regulations and major issues, if the trade union or employees think it is inappropriate, they have the right to propose it to the employer and revise and improve it through consultation. The employing unit shall publicize or inform the rules and regulations and major issues directly related to the vital interests of workers.

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