I want to give up five insurances and one housing fund, is it legal? Will the company agree?

The five insurances are statutory. One gold is not statutory... You can't give it up, this is to protect your own welfare.

This is not allowed by the laws of the country, but the boss must have agreed to it, and it is good for him.

If your head is in water, you only pay for social security, and you only pay three insurances for old-age, medical care, and unemployment, and enjoy five insurances, and the employer must pay five insurances for work-related injury and maternity in addition to these three insurances. After 15 years of social security contributions, you can receive a monthly pension at the Social Security Bureau after retirement, and if you have a big life, you will have to receive it for decades.

The housing provident fund is a good thing, you pay 100 yuan a month, the unit also has to pay 100 yuan, you pay 1,000 yuan a month, and the unit also has to pay 1,000 yuan. All of this money goes into your personal account, which you can use when you buy a house, and if you don't buy a house, you can withdraw it in a lump sum when you retire.

Legal analysis: The voluntary waiver of social security agreement voluntarily signed by employees is invalid because its content is illegal. The employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees.

It is explained that it is a mandatory legal obligation for the employer to pay social insurance for the employee.

Legal basis: "Social Insurance Law of the People's Republic of China".

Article 2 The State shall establish social insurance systems such as basic endowment insurance, basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance, to protect citizens' right to receive pure material assistance from the State and society in accordance with the Law of the People's Republic of China in the event of old age, illness, work-related injury, unemployment, childbirth, and so forth.

Article 3: The social insurance system adheres to the principles of wide coverage, basic protection, multi-level, and sustainability, and the level of social insurance shall be commensurate with the level of economic and social development.

Legal analysis: It is invalid for employees to voluntarily give up the payment of five insurances and one housing fund. It is illegal for some companies to ask employees to sign a contract that voluntarily waives five insurances and one housing fund.

Employees may sign such contracts, but the signed contracts are null and void. Signing contracts and paying insurance for employees are obligations that enterprises and employees should undertake under the law, and they cannot be privately granted. It is actually very uneconomical for enterprises and workers to sign such contracts.

Formal businesses generally don't take this approach.

Legal basis: Article 58 of the Social Insurance Law of the People's Republic of China An 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 and approve the social insurance premiums they should pay.

Individually-owned businesses without employees who voluntarily participate in social insurance, part-time employees who do not participate in social insurance at the employer, and other flexibly employed persons shall apply to the social insurance agency for social insurance registration. The State shall establish a nationwide unified personal social security number. An individual's social security number is a citizenship number.

Employees are not allowed to voluntarily waive the payment of five social insurances and one housing fund. It is the legal obligation of the employer to pay five social insurances and one housing fund for the employee, and the employee's declaration of abandonment is invalid and cannot exempt the employer from this obligation. The unit still needs to pay in full and in a timely manner in accordance with the regulations.

The legal basis is split].

Article 84 of the Social Insurance Law of the People's Republic of China.

If the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a specified period of time; If the employer 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 who is directly responsible and other persons directly responsible shall be fined not less than 500 yuan but not more than 3,000 yuan.

Article 86.

If the employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay or make up the amount within a time limit, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made 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 analysis: It is not possible to voluntarily give up five insurances and one housing fund. The waiver agreement is invalid, and the company must pay for the five insurances and one housing fund.

Legal basis: Article 60 of the Social Insurance Law of the People's Republic of China Article 60 The employer shall declare and pay the social insurance premiums in full and on time, and shall not defer or reduce the payment except for force majeure and other statutory reasons. The social insurance premiums to be paid by the employee shall be withheld and paid by the employer, and the employer shall inform the employee of the details of the social insurance premiums paid on a monthly basis.

Individually-owned businesses without employees, part-time employees of Afan who have not participated in social insurance at the employer, and other flexibly employed persons may pay social insurance premiums directly to the social insurance premium collector.

Summary. Hello, this agreement is not legal and valid, because the company cannot require the employee to give up the five insurances, and the company must pay the five insurances and one housing fund to the employees.

Hello, this agreement is not legal and valid, because the company cannot require the employee to give up the five insurances, and the company must pay the five insurances and one housing fund to the employees.

Paying social insurance is a legal obligation of both the employer and the employee, and is not exempted from the will of both parties. The agreement to waive the purchase of the Dust Plex Five Insurance is invalid because it violates the mandatory provisions of the law. Even if it is signed, it is useless, and the unit cannot be exempted from liability.

Employees are not allowed to voluntarily give up paying five insurances and one housing fund, and the specific reasons are as follows:

1. Because social insurance is compulsory insurance by the state, it is the legal obligation of the employer to handle social insurance for employees

1) The employee has the right to terminate the labor contract, and the employer shall pay economic compensation;

2) The employee has the right to claim compensation from the employer on the grounds that the employer has not completed the social insurance formalities for him, and the social insurance agency cannot make up for it, resulting in the inability to enjoy social insurance benefits;

3) Administrative penalties imposed by social security institutions on employers:

2. Neither the employer nor the employee can arbitrarily dispose of this right and obligation, and the employee voluntarily signs an agreement with the employer to waive the social insurance shirt code is in itself in violation of the law and is invalid;

3. As an invalid agreement, it is not legally binding on both the employee and the employerLegal basisArticle 86 of the Social Insurance Law of the People's Republic of China.

If the employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay or make up the amount within a time limit, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made 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.

Article 88.

Where social insurance benefits are obtained by fraud, falsification of supporting materials, or other means, the social insurance administrative department shall order the return of the social insurance money obtained by fraud and impose a fine of not less than two times but not more than five times the amount obtained by fraud.

The reasons why it is illegal for workers to voluntarily give up five insurances and one housing fund are as follows:

1. Social insurance is compulsory insurance by the state, and it is the legal obligation of the employer to handle social insurance for employees;

2. Neither the employer nor the employee can arbitrarily dispose of this right, and the declaration signed by the employee to voluntarily waive the payment of social security violates the mandatory provisions of laws and regulations and is invalid. Even if this agreement is signed, the employer shall pay social security for the employee;

3. It is the obligation of the employer to pay five social insurances and one housing fund, and it is also the legal obligation of the employee, and the two parties shall not dispose of it at will, and the employer is legally obligated to pay social insurance;

4. The employer shall apply for social insurance registration for the employee within 30 days from the date of employment;

5. Of course, along with the laborers, they must also pay a certain percentage of social security premiums according to the regulations. If the employer fails to pay social insurance for the employee, and the employee suffers an accident such as a work-related injury, regardless of whether the employee voluntarily gives up the insurance, and is injured during the work and is recognized as a work-related injury, the expenses that should have been paid by the work-related injury insurance** must be paid by the company Zhenyanhong. If an employee dies on the job, according to the laws of our country, the company will also pay a one-time work-related death allowance.

Legal basisArticle 12 of the Social Insurance Law of the People's Republic of China.

The employer shall pay the basic old-age insurance and jujube deficiency insurance premiums in accordance with the proportion of the total wages of its employees stipulated by the state, which shall be recorded in the basic old-age insurance co-ordination**.

Employees shall pay basic pension insurance premiums in accordance with the proportion of their wages stipulated by the state, which shall be credited to their personal accounts.

Individually-owned businesses without the employee register, part-time employees who do not participate in the basic pension insurance in the employer, and other flexibly employed persons who participate in the basic pension insurance shall pay the basic pension insurance premiums in accordance with the provisions of the state, which shall be credited to the basic pension insurance co-ordination and personal accounts respectively.