Job Recruitment Website - Social security inquiry - Is it useful for employees not to buy social security disclaimers?

Is it useful for employees not to buy social security disclaimers?

Legal analysis: it is useless for employees of the company not to buy social security and to ask for a voluntary waiver. Social security must be paid. The agreement between employers and employees not to pay social security fees has no legal effect. Because this agreement itself violates the social insurance law and has no legal effect, the employer still has to pay for the workers when it proposes to pay back the money and labor arbitration. The state enforces social insurance. Usually, the company allows employees to buy after the probation period. I can ask the company to buy social insurance for me, and the company will deduct the corresponding insurance part from my monthly salary. It is necessary to realize that social insurance is a guarantee for the rights and interests of workers and a safeguard measure for the benefit of the country and the people that the state forces employers to implement.

Legal basis: People's Republic of China (PRC) Social Insurance Law.

Article 62 If the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the amount that should be paid shall be determined according to 1 10% of the amount paid by the employer last month; After the payment unit completes the declaration procedures, the social insurance fee collection agency shall make settlement in accordance with the provisions.

Article 63 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.

Article 26 of the Labor Contract Law of People's Republic of China (PRC) violates the mandatory provisions of laws and administrative regulations and is invalid or partially invalid.