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Can employees ask not to buy social security?
If the employer fails to pay social security to the employee, the employee may ask the employer to pay social security for him. If the employer fails to pay social security for it, the laborer can complain to the local social security department and ask the employer to pay social security for it. 1, social insurance is compulsory insurance required by the state. The state develops social insurance undertakings, establishes a social insurance system and sets up a social insurance fund, with the aim of enabling workers to get help and enjoy insurance benefits in old age, illness, work injury, unemployment and childbirth. China's "Labor Law" and "Social Insurance Law" clearly stipulate that it is the legal obligation of the employer to pay social insurance for workers, which is obviously compulsory by the state, and the employer shall not refuse to undertake this legal obligation under any excuse or reason. 2. The employing unit shall timely fulfill its obligation to pay social insurance for workers according to law. The employer establishes a labor relationship with the employee, that is, within 30 days from the date of employment, it applies to the social insurance agency for social insurance registration. After self-declaration, the employer shall pay the social insurance premium in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. If the employer fails to pay social insurance on time, the social security 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 security agency may inquire with its bank or its bank, and may apply to the administrative department at or above the county level for the allocation of social insurance premium. If the balance of the employer's account is less than the social insurance premium that should be paid, the social security collection agency may require the employer to provide a guarantee and sign a deferred payment agreement.
What if employees don't buy social security?
1, employees do not agree to pay social insurance as one of the employment conditions. Because employees don't agree to pay social insurance, after a major work-related injury accident, the amount of various expenses that the employer has to bear may be higher. At this stage, the social security agency does not bear any responsibility for the work-related injuries that occurred before the employer joined the insurance. Therefore, for employers with more employees going out and more industrial accidents, employees' refusal to pay social insurance should be regarded as one of the unqualified employment conditions to avoid the risk of industrial injuries in an all-round way. 2. Sign an agreement with employees to stipulate the compensation standard for not paying social insurance. I have to admit that some units pay employees lower wages. If employees are required to pay social insurance, their own living conditions will be quite problematic. In this case, if the employer wants to hire such employees, it can only be negotiated by both parties. First, the employer pays commercial insurance for them to avoid certain industrial injury risks, and then gives social compensation according to a certain amount every year. At the same time, the laborer also promised to give up the right to claim social insurance premiums from the employer, or to claim the right to pay social insurance premiums in the future. 3. Reach an agreement with the original unit of employees with dual labor relations to deal with work-related injuries. If the laid-off workers of state-owned enterprises and collective enterprises pay social insurance for them, the work-related injury insurance paid by the original unit cannot be used to avoid risks due to work-related injuries in the new employer. Therefore, the new employer should contact the laborer's original unit to reach the intention of secondment, or the original unit will declare the work-related injury after it occurs, and the new employer will bear the liability for compensation stipulated in the Regulations on Work-related Injury Insurance.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 73 of the Labor Law.
Workers shall enjoy social insurance benefits according to law under the following circumstances: (1) Retirement; (2) Being sick or injured; (3) Being disabled at work or suffering from occupational diseases; (4) unemployment; (5) bearing. After the death of an employee, his survivors shall enjoy the survivors' allowance according to law. The conditions and standards for workers to enjoy social insurance benefits shall be stipulated by laws and regulations. Social insurance premiums enjoyed by workers must be paid in full and on time.
Article 100
If the employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit; Late payment, you can add a late fee.
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