If employees take the initiative to apply for giving up social security in order to get more salary, the company still has to take responsibility
There are many college students who have just graduated, because they have entered the workplace and are unwilling to ask their families for living expenses, resulting in a sudden increase in their survival pressure. In order to receive a few hundred yuan more per month, most young people will voluntarily give up paying social security. ; The money that employees receive every month has increased, and the company can also save a lot of expenses, which is also what the company is willing to see; in order to protect their rights and interests, companies generally require employees who voluntarily give up social security to sign relevant agreements. The purpose is also to evade the sanctions of the relevant labor laws. In fact, such an agreement does not have any legal benefits. At most, it is to avoid the idea of arbitration after the employee leaves. Once the employee has a conflict with the company and goes to the relevant department to apply for compensation, the company still needs to fulfill its obligations under the labor law.
Amin, who has just entered the workplace, is well aware that the company stipulates that employees must pay social security, but in order to receive a few hundred dollars more like a classmate, Amin took the initiative to seek the company to discuss not to pay social security; because Amin has worked in the company for more than 30 hours. God, the company should buy social insurance for Amin. Due to the special circumstances of Amin's family, we had to negotiate to waive social insurance; the company also took the initiative to ask Amin to sign an agreement to voluntarily give up; Due to a small conflict, Aming, who was about to become a regular, was dismissed because he did not meet the employment standards; the company's purpose was also to fear that it would cause trouble if he did not pay social security to employees for a long time. Because Amin was unwilling to be dismissed, he filed an arbitration with the Labor Bureau, and Amin also received relevant compensation.
From the above case, we can know that even if the employee signs an agreement with the company to waive social security, he cannot escape the sanctions of the labor law. Such an agreement outside the provisions of the labor law is invalid, and the employee can apply for protection at will within one year. own rights and interests; therefore, after the employee signs an agreement with the company, there is still a risk of being arbitrated by the company; if the company wants to protect its own rights and interests within the scope of labor law, it cannot give up paying social insurance for employees; the following editor will come to For everyone to share, the three kinds of knowledge that the company needs to know about the relevant labor laws. Friends who want to know about it, please follow the editor to take a look!
- The employee negotiates with the company to give up social security, and the company also bears the responsibility =====================================================================================================================
It is the obligation of the company to purchase social insurance for regular employees, and no one can violate the regulations casually. Even if an employee voluntarily applies to the company not to pay social insurance in order to increase their income, the company must also bear legal responsibility within the scope of its obligations, otherwise the company will be liable. Serious violation of the obligations stipulated in the labor law; the labor law has clearly stipulated that basic endowment insurance, work-related injury insurance, unemployment insurance, medical insurance, unemployment insurance, etc.; as long as the enterprise is established in the People's Republic of China, it must strictly perform its obligations, and individual employees It also has the right to supervise the company's social security payment behavior.
- The company agrees that employees give up paying social security, what risks do they need to take? =====================================================================================================
When the company agrees with employees to give up social security contributions, from an economic point of view, it is beneficial to both parties; but this benefit has huge risks; because there is no social security relationship, it shows that there is a great lack of labor contract constraints, once employees If you choose to leave, the normal operation of the company will be affected. After all, employees who do not pay social security are not bound by the labor contract; there are also huge risks in terms of economic property. , In this arbitration, the company only suffers a loss.
- Things that both parties agree on will still be fined ========================================================
Although the employee and the company have negotiated, they will still be subject to various administrative penalties; the relevant labor law has clearly stated that if the employer fails to pay social insurance to the employee on time, it should make up for the employee immediately. The relevant administrative department has the right to impose a fine of three times; if the employer fails to make up the relevant social insurance premiums immediately, the enterprise must pay a certain late fee in addition to making up the payment.