Job Recruitment Website - Social security inquiry - What if employees don't want to buy social security? Is it okay for both parties to sign a contract?

What if employees don't want to buy social security? Is it okay for both parties to sign a contract?

Legal analysis: According to the provisions of China's labor law, social insurance law and other relevant laws, it is not only the legal right of employees, but also the legal obligation of employers to participate in social insurance and pay insurance premiums. Therefore, the clause of giving up social insurance in the labor contract signed by the employer and the employee is invalid in law, and the employee of the enterprise has no right to give up social insurance. It is illegal for employers not to pay social insurance premiums to workers on the grounds that they voluntarily give up. Even if employees voluntarily promise to "give up" social security, this promise is invalid because it violates the law. Once an employee changes his mind and files a labor arbitration later, the enterprise will have to reissue it for him.

Legal basis: Article 84 of People's Republic of China (PRC) Social Insurance Law. If the employer fails to apply for social insurance registration, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan. Article 85 of the Social Insurance Law of People's Republic of China (PRC) * * * If the employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be handled in accordance with the provisions of the Labor Contract Law of People's Republic of China (PRC).