Is voluntary non-payment of social security commitment effective?

Voluntary non-payment of social security commitments is invalid.

According to the provisions of China's Social Insurance Law, it is the legal obligation of the employer to pay and withhold social insurance premiums in full. If the employer fails to pay the social security fee in full and on time, the social security collection organ has the right to order the employer to pay within a time limit and require the employer to pay the overdue fine.

What must be written on the guarantee:

1. Ensure that all substitute materials provided are true, complete and accurate;

2. After obtaining the license renewal approval, this institution guarantees that every business it engages in strictly abides by the provisions of national laws, regulations and rules;

3. Guarantee to engage in certification business legally, fairly and justly according to the approved business scope. Strictly abide by the Regulations of People's Republic of China (PRC) Municipality on Certification and Accreditation and the Measures for the Administration of Certification Institutions;

4. To ensure honest practice, provide high-quality and professional certification services, and ensure that every certification activity always follows the principles of objectivity, independence, openness, fairness, honesty and credibility;

5. Ensure that the certified products and services are objective and fair, and there are no false materials;

6. Guarantee not to undertake certification activities that are incompetent or cannot be completed within the agreed time limit, and not to provide certification services for unqualified products and services;

7. Have the technical ability of detection and inspection suitable for engaging in relevant product certification activities;

8. This certification body shall not have an interest relationship with the administrative organ to ensure fair practice;

9. Establish and improve the management system for effectively controlling certification activities. Formulate effective certification implementation procedures, provide product and service certification activities in strict accordance with the contract content and certification implementation procedures, improve the certification management system and evaluation system, and ensure the authenticity and effectiveness of certification;

10. Establish an effective program system for the employment, training, evaluation, use and control of full-time and part-time certified consultants;

1 1, guarantee to charge according to the service charge standard stipulated by the government, and do not raise the charge without authorization. Shall not ask for or accept remuneration or other property other than the entrustment contract;

12, this certification body shall not accept any funding that may affect the objectivity and impartiality of certification activities. Shall not engage in any product development, marketing and other activities that may affect the objectivity and fairness of certification activities;

13. This certification body shall not have any interest in assets and management with the certification entrusting party;

14. This institution must continuously maintain and ensure that it always meets the statutory licensing conditions;

To sum up, the employee's voluntary waiver of social security commitment violates the mandatory provisions of China's social insurance law, which is an invalid commitment and has no legal effect.

Legal basis:

Article 86 of People's Republic of China (PRC) Social Insurance Law

If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.

Article 60 of People's Republic of China (PRC) Social Insurance Law

The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis. Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.