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Can the employee agree to refuse to pay the social security

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Can the employee agree to refuse to pay the social security


        

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  • 2024-06-06 20:01:42

    Even if the employee asks not to pay social insurance, the unit cannot agree.

    According to the provisions of relevant laws in China, the purchase of social insurance is mandatory. Even if employees do not want to purchase social insurance, employers should also purchase it for workers, otherwise they will bear legal liability.

    Social insurance is compulsory insurance of the state, and it is the legal obligation of employers to handle social insurance for employees.

    Both employers and workers have no choice or negotiation on the participation of social insurance and the payment of social insurance premiums, and cannot replace the legal obligation with monetary payment or other forms.

    Neither employers nor workers can arbitrarily dispose of this right and obligation.

    The agreement that the laborer voluntarily signs with the employer to give up participating in social insurance is in violation of the law and is invalid.

    According to the Social Insurance Law, the employer shall apply to the social insurance agency for social insurance registration for its employees within 30 days from the date of employment.

    The employing unit shall declare on its own and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment of social insurance premiums except for legal reasons such as force majeure. The social insurance premiums payable by the employees shall be withheld and paid by the employer, and the employer shall inform the details of the payment of social insurance premiums on a monthly basis.

    If an employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, the employer shall be fined not less than one time but not more than three times the amount of social insurance premiums payable, and the person in charge and other persons directly responsible shall be fined not less than 500 yuan but not more than 3000 yuan.

    If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection institution shall order it to pay or make up within a time limit, and shall charge an overdue fine of 5/10000 per day from the date of default; If it still fails to pay within the time limit, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed.

    [Legal Basis]

    According to Article 86 of the Social Insurance Law, if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit, and shall charge an overdue fine of 5/10000 per day from the date of arrears; If it still fails to pay within the time limit, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed.

    Li***

    2024-06-06 20:01:42

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