Is it legal for enterprises to sign waiver contracts with employees? Can employees claim compensation?

Legal analysis: it is illegal to sign a contract to give up social security, and the signed agreement is invalid. Because social security is compulsory, it cannot be abandoned in any form. Even if it is signed, the employer also needs to bear legal responsibility and should pay social security according to regulations. If the company fails to pay social security to the employee and the employee leaves the company, the employer needs to pay the employee economic compensation according to the standard of one month's salary for each year of working in the company. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. .

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

Article 4 Employers and individuals in People's Republic of China (PRC) shall pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services.

Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

Tenth employees should participate in the basic old-age insurance, the basic old-age insurance premiums paid by the employer and employees.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.

The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.

Article 47 of the Labor Contract Law of People's Republic of China (PRC) shall pay economic compensation to the laborer according to the standard of one month's salary for each full year of working in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.