In daily employment, we often see that some employers may propose that employees voluntarily give up paying social insurance, or do not pay social insurance during the probationary period, or even quietly ignore the payment of social insurance when they have not signed an employment contract. So, what is the law behind this phenomenon? Can employees really voluntarily give up social security, and what are the pros and cons of giving up social security for employees?
1. Can I "voluntarily" forgo social security contributions?
You may have been in a situation where your employer offered to sign a "voluntary waiver of social security" and offered to pay you social security as part of your salary. But you know what? These kinds of agreements don't actually have the force of law.
According to the Social Insurance Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China, both employers and employees are required to join social insurance and pay their respective social insurance premiums in accordance with the law.
This legal obligation shall not be voided by a voluntary waiver by either party or a change in the agreement. In other words, if the employee has signed a declaration with the employer that he or she has renounced his or her participation in social insurance, such an agreement is null and void and cannot circumvent the requirements of the law.
Therefore, we should resolutely reject the notion that the employer claims that it is beneficial for the employee to give up social insurance, which is a damage to the rights and interests of the individual.
2. Can the "probationary period" be exempted from social security contributions?
In response to the erroneous view of some people that "there is no need to pay social insurance during the probationary period", Article 58 of the Social Insurance Law stipulates that an employer shall apply to the social insurance agency for social insurance registration for its employees within 30 days from the date of employment.
In other words, even during the probationary period, the responsibility for social security contributions cannot be relieved, but should be treated with caution as an important task.
3. Does not sign a contract mean that I do not have to pay social security?
Although some companies mislead employees into believing that they are temporarily not required to pay social security without signing an employment contract, this is not the case.
The Notice on Matters Concerning the Establishment of Labor Relations further clarifies that even if an employment contract has not been signed, as long as there is an employment relationship between the employer and the employee, the legal liability for paying social security has been triggered. In such cases, the employee has the right to confirm the employment relationship with the employer through legal means, such as applying for arbitration or filing a lawsuit.
Therefore, for the sake of their own rights and interests, when an employee has not signed a labor contract, he or she should prove the employment relationship between the employer and the employee through legal channels, and require the employer to pay social security for himself.
4. What are the consequences of evading social security contributions?
For employers
If a company doesn't pay social security for its employees on time, the cost can be much greater than expected.
For example, if an employee is injured in an accident while working, the medical expenses that were originally paid by the social security fund need to be borne by the company.
If an employee dies on the job, the company needs to pay a one-time work-related death benefit, which is a liability that the company cannot avoid.
For employees
Failure to participate in social insurance will lead to the loss of social insurance protection in terms of pension, medical care, unemployment, etc.
For the pension benefits, individuals who participate in the basic pension insurance need to pay for 15 years in total, and can only receive the basic pension on a monthly basis when they reach the statutory retirement age.
In addition, the level of pension treatment of enterprise employees is directly related to the payment time, and the total amount of personal accounts of personnel with long payment years is correspondingly more, and the level of pension treatment is higher. The level of annual pension growth is also linked to the number of years of contributions.
In terms of unemployment insurance, an unemployed person can apply for unemployment insurance benefits only if he or she has paid unemployment insurance premiums for one year before dissolving or terminating his or her labor or work relationship, and the duration of his receipt depends on the years of unemployment insurance he has paid before.
Therefore, joining the social security system can make it easier for people to enjoy the many benefits and guarantees provided by social insurance.
Write at the end
In summary, social insurance, as a national compulsory security system, is of irreplaceable importance to both the company and employees. By complying with social security regulations, we can enjoy the various guarantees and benefits that come with the social insurance system.
Therefore, we hope that every employer and employee can fully understand the importance of complying with social security laws and regulations, deeply understand social security policies, and participate in social security according to regulations, so as to jointly build a fair and harmonious labor relationship.