The employer said that it is more cost-effective for me to voluntarily abandon social security, is this really the case?
Is it legal for the boss to start paying social security after signing the labor contract?
This article will explain it to everyone!
Can an employee voluntarily waive social security contributions?
Written commitments
I voluntarily gave up the company's social insurance payment for me, and the company paid social insurance premiums directly to me as part of my salary. I am willing to bear all the consequences and do not claim other rights against the company.
Have you ever seen such a pledge?
Some companies sign labor contracts
Employees will be asked to sign such a copy
Letter of commitment to voluntarily renounce social security
This is the case
Please refuse!
There are also employees
In order to pay less social security and get more salary
Take the initiative to hand in the letter of commitment and give up social security
Ask the company to convert social security into wages and pay it to itself
Don't count small accounts and small profits!
Caution!
This "Letter of Commitment"
Not legally binding!
These acts
It's all against the law!
According to the relevant provisions of the Social Insurance Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China:
Employers and workers shall participate in social insurance and pay social insurance premiums in accordance with the law.
It is the legal obligation of the employer to participate in social insurance for the employee and pay the social insurance premium in accordance with the law, and this obligation cannot be changed or waived by the employer and the employee through agreement.
Can I use cash instead of social security?
Some employers
Cash in lieu of social security contributions
It is also called good for employees
Don't believe it! Resolute rejection is the right solution
And some employees
I want to get my social security premiums in the form of my salary
Then you can enroll in the insurance yourself or not
Thought it would be more profitable
This kind of "cleverness" is not good!
Article 12 of the Interim Regulations on the Collection and Payment of Social Insurance Premiums stipulates that:
Contributors and individuals shall pay social insurance premiums in full in monetary form. The social insurance premiums that should be paid by the individual shall be withheld and paid by the employer from his or her own salary.
It is not advisable for employers and individuals to privately agree on social insurance premiums, and it is not advisable for employers to pay in cash instead of social insurance or for employees to handle social insurance payments on their own.
Can I not pay social security during the probation period?
No, you can't skip paying!
Article 58 of the Social Insurance Law stipulates that:
The employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If they fail to register for social insurance, the social insurance agency shall verify the social insurance premiums they should pay.
Both employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law, which is mandatory by law.
Even during the probationary period, if the employer and the employee reach an agreement through negotiation, they cannot withhold the payment of social insurance.
If you don't sign a contract, you don't have to pay social security?
There are companies
On the grounds that the labor contract was not signed
Employees are not paid social security contributions
This argument is not true!
The employer shall conclude a labor contract with the employee within one month from the date of employment and pay social security premiums in accordance with the law.
There is no employment contract
It doesn't mean that there is no labor relationship!
Don't worry if you don't have an employment contract, you can apply for arbitration and file a lawsuit in accordance with the law to confirm the employment relationship between yourself and the employer.
Article 2 of the Notice on Matters Relating to the Establishment of Labor Relations stipulates that:
If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:
Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;
"Work Permit", "Service Certificate" and other documents that can prove the identity issued by the employer to the employee;
Recruitment records such as the "registration form" and "registration form" filled in by the employee;
Attendance records;
Testimonies of other workers, etc.
Among them, the burden of proof shall be borne by the employer for the relevant documents in items (1), (3) and (4).
There is an employment relationship
Employers should
Pay social insurance for employees
Have you memorized all of the above?
Everyone must keep their eyes open
Participate in social insurance in accordance with the law!