Can employees give up purchasing social security?

>The employee did not sign a labor contract with the company before joining the company, and promised to voluntarily ask the company not to purchase social insurance for him/her during his employment, and agreed to accept subsidies from the company. Is such a promise legal and valid? Recently, the People's Court of Jinjiang District, Chengdu City, Sichuan Province concluded this labor dispute case. The court held that the plaintiff, a pharmaceutical company, violated the law by not signing a labor contract with the defendant Wang, and should pay Wang twice his monthly salary and economic benefits. Therefore, the pharmaceutical company was ordered to pay the difference of Wang’s twice salary, RMB 1,000, and economic compensation of RMB 1,000.
>In mid-2019, Wang established a labor relationship with a pharmaceutical company from another province and was engaged in drug sales in a well-known pharmacy in Chengdu. Wang filled out an employee entry form, but the two parties did not sign a labor contract. Subsequently, the company and Wang signed the "Employee Not Purchasing Social Security (Application) Commitment Letter", which states: 1. As a formal employee of the company, I voluntarily request the company not to purchase social insurance for me during my employment, and agree to accept the subsidies provided by the company. . 2. After making this commitment letter, I shall not require the company to terminate the labor contract in advance or require the company to bear financial compensation afterwards on the grounds that the company has not purchased social insurance for me. 3. I signed this commitment letter entirely out of my true will, and it will take effect immediately from the date of signing.
>In month and year, Wang applied for arbitration. The following month, Wang mailed a "Notice of Termination of Labor Relations" to the company on the grounds that the company had not signed a labor contract with him or paid social security for him. The arbitration award ruled that the respondent pharmaceutical company should pay Wang the difference between twice the salary of the unsigned labor contract, RMB 1,000 in economic compensation, and back-pay social insurance premiums for the relevant period.
>The pharmaceutical company refused to accept the arbitration ruling and sued the court in accordance with the law.
>The court review found that the plaintiff paid wages through bank transfers. Wang’s average salary in the month before the labor contract was terminated was yuan, and his monthly salary (excluding commissions) during normal working hours was yuan.
>The court held in the first instance that to establish a labor relationship between the plaintiff and the defendant, a written labor contract should be concluded in accordance with the provisions of my country’s Labor Contract Law. However, the plaintiff did not sign a labor contract with the defendant and paid the defendant twice the monthly salary in accordance with the law. And economic compensation, of which twice the salary should be calculated based on the salary earned during normal working hours, that is, yuan/month, excluding non-routine bonuses and income from risky projects, etc. Economic compensation is calculated based on the monthly salary standard in accordance with the law. As for the back payment of social insurance premiums, it is a dispute between the employer, the employee and the social security agency over arrears, etc., which falls within the scope of administrative management. The court will not handle it, so the above judgment was made in accordance with the law.
>[Judge’s statement]
>Personal commitments that violate mandatory provisions of the law are invalid
>The judge in charge of this case, Shu Xingbo, stated that Article 10 of my country’s Labor Contract Law clearly stipulates that to establish a labor relationship, a contract must be entered into The purpose of a written labor contract is to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of workers, and build and develop harmonious and stable labor relations.
>Relatively speaking, the employer is in a dominant position and is generally in a strong position, while the laborer is in a passive position and is relatively weak. In real life, it is often the employer who is unwilling to sign or perform the labor contract. The situation in this case is quite special. If personal commitments to give up social security, compensation, etc. are used to maintain relevant labor relations, it will easily put workers in a passive and coercive position, making relevant regulations a dead letter.
>This case also reminds relevant companies once again that trying to cover up illegal purposes in legal forms will not work, and the result will only be more losses than gains. In reality, the labor contract system must be strictly implemented, and there must be no illegal mentality that if you don't sign a labor contract, you can't buy five insurances and one housing fund. To establish a labor relationship, it is necessary to sign a labor contract in accordance with the law. This not only effectively protects the social insurance rights enjoyed by employees, but also protects their own legitimate rights and interests in accordance with the law, without giving others loopholes or opportunities to avoid improper infringement.
The procedures for helping employees buy social insurance are complicated and the business work is complicated, because the insurance bases vary from place to place. In some cities with higher bases and higher wages, it is a huge expense, but you have to buy it. ,How to do it? It can not only avoid such unnecessary labor disputes, but also save costs and reduce corporate routine work. Then you need to choose a reliable human resources company to provide labor affairs outsourcing services. Regardless of the salary of your employees and the local base, they can purchase social security for you according to the minimum standard
Advantages of social security agency
1. Social security outsourcing saves the cost of enterprises by reducing expenditures in terms of employee allocation. You can choose a base to purchase social security for employees, reducing part of the enterprise's expenditures on social security.
2. Solve the trouble of not applying for social security registration certificates for you, so that you can uniformly respond to the social security management situation of your employees, avoid employees' social security issues being dealt with separately, scattered purchases, and avoid increasing the trouble and workload of the company's accounting.
3. We will make you worry-free. You don’t need to face numerous management departments to handle Guangzhou social security, you only need to face one service staff. You don't need to look at other people's faces to act, just face our smile.
4. We will save you time and effort. You don’t need to rush to the social security center every month, you don’t need to wait in long lines, and you don’t need to spend a lot of time preparing those complicated forms.
Guangzhou Junbo Human Resources Co., Ltd. was established in March 2019. It is a well-known professional human resources service organization approved by the personnel, labor and relevant government departments. Junbo Company focuses on the field of human resources outsourcing in China and is committed to becoming one of the most professional human resources outsourcing suppliers in China and building a brand in the human resources industry. The company specializes in providing comprehensive and professional human resources services to enterprises of all types (foreign-funded enterprises, private enterprises, public institutions, etc.) and individuals.
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