Can voluntarily give up social security voluntarily give up paying social security legal

Employee social security is the unit and the employee each bear part of the insurance cost model, the unit to pay most of the costs, the employee to pay a small portion of the cost, and some people in order to pay less social security, more payroll initiative to hand over the commitment to give up the social security, this practice is feasible?

Can you voluntarily give up social security?

Working in the unit can not voluntarily give up social security, if the freelancer can choose not to pay social security. Even if the employee and the employer signed the so-called agreement to voluntarily not participate in the social security, but also does not have the force of law. China's labor law provides that employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.

The Social Insurance Law of the People's Republic of China*** and the State of China stipulates that employers should apply for social insurance registration for their workers with the social insurance agency within thirty days from the date of employment. The employer shall declare and pay the social insurance premiums on its own, in full and on time, and shall not defer or reduce them except for force majeure and other legal reasons. The social insurance premiums to be paid by employees shall be withheld and paid by the employer on behalf of the employees.

Enterprises can not give up the obligation to pay social security to employees, although the employees voluntarily give up the right to enjoy social security, but enterprises can not give up the obligation to pay social security. If the employee asks the enterprise to make up the contribution, the enterprise must make up 100% of the employee's social security contribution.

People who work in the unit, regardless of the probationary period or non-probationary period, can ask the company to pay the social security, and then can not take the initiative to give up their own social security, the cumulative payment of 15 years after the absence of the departure of the still need to continue to pay the social security, but not in the unit of the people who work in the social security can be paid for 15 years after the payment of the fees do not continue to pay.