Although our country labor law makes clear a regulation, unit of choose and employ persons and laborer must attend social insurance lawfully, still put in a lot of companies not to help employee attend social security nowadays however, some units are the deliberatelly break the law of brazenly, and the employee that some units can allow duty is signed so called " abandon book of social security acceptance of one's own accord " .
The employee that can say to let enter office newly is signed " abandon book of social security acceptance of one's own accord " this operation, it is a way that a lot of units like to use, and a lot of to apply for a job person sign this kind of agreement gladly also with the company, such oneself every month besides salary, OK still the again additional social security subsidy that receives brushstroke company to give, although not much, but also be money!
However does this kind of employee abandon the acceptance of social security be being used after all of one's own accord? We take a very common case to be analysed simply today.
Its course:Shi Mou sheds a company to hold the position of storehouse administrator in Shenzhen something one duty, when entering office at the outset, the firm did not join a society actively to be sure for Shi Mou, and him Shi Mou also did not react with the company this one circumstance.
Enter office after 3 months, shi Mou found unit chief, hope firm can join social insurance for him. Unit chief expresses, a lot of staff of company did not play social security, cannot replace social security of Shi Mou pay temporarily so, but the company wants every month gives him expenses of certain social security allowance, nevertheless need and he signs " employee abandons book of social security acceptance " .
After considering period of time, shi Mou or decision and company sign this " employee abandons book of social security acceptance " , wait for in this company after all well, also not very wants to change other jobs again. The lot comes to an end abandon postscript of social security acceptance, shi Mou every month besides get when monthly wages outside, additional still received subsidy of brushstroke social security.
Find unit chief again when Shi Mou when, had been a year of the following thing, and this Shi Mou is hope company deal with social security formalities for him, because he attends the legislation that community holds to popularize commonweal lecture to go up last week,knew the value with safe society, went to work to find chief so, hope company can handle social security to oneself, instantly of this one request sufferred the rejection of chief.
After a month, shi Mou issued to mail to the company in the lawyer's help " be forced to remove labor contract advice note " , and to local labor arbitral committee mentions labor arbitrates, requirement company is sure for society of his filling capture and pay him to remove the economy of labor contract compensates gold.
There also is how old reaction after unit chief receives notice, taking what sign with Shi Mou at the outset " abandon book of social security acceptance " do not no hurry unbearably go sessional.
Result how?Our country " labor contract law " the 52nd specific provision, have one of following state, the contract is invalid, among them the 5th case is lawbreaking, of administrative regulations mandatory regulation.
And unit of choose and employ persons and laborer must attend social insurance lawfully, pay society is safe, this is our country " labor law " regulation of proclaimed in writing, this delegate attends the obligation that social insurance is not unit of choose and employ persons only only, also be the obligation of laborer likewise, so even if both sides was signed " abandon book of social security acceptance " also, also be a kind of invalid behavior.
Unit of choose and employ persons did not replace worker pay social security lawfully, had violated the regulation of labor law, shi Mou has right one-sided and unit of choose and employ persons to remove labor contract, and ask the company pays economy compensation. But sign as a result of Shi Mou and company " abandon book of social security acceptance " invalid, the social security subsidy that so Shi Mou also should pay company of this paragraph of time returns to still give a company.
Summary:No matter laborer is freewill,still be forced to sign so called " abandon social security agreement " , this kind of so called acceptance abandons action do not have legal effect, because laborer attends a society lawfully,insurance is legal obligation, must not abandon.
Not be every area can support laborer sign however " abandon book of social security acceptance of one's own accord " hind, go applying for labor to arbitrate requirement unit pays compensation gold again. Resembling is the way that Jiang Zhe leads does not support economy to compensate stoutly namely.
And the way that leads like Guangdong is, arbitral appoint can support economic compensatory to appeal to beg, but laborer cannot get do a crash job. So called assault, those who point to is laborer is removing the requirement that labor contract autograph ought to raise social security of hope filling capture to the unit, if the unit is not dealt with in the refus inside a month, so laborer can remove labor contract and requirement economy compensation.
Without giving thought to how, unit of choose and employ persons does not help employee pay the society is sure even if break the law, no matter whether both sides has,agree what agreement is trashy. We also hope laborer comes up against the word of this kind of circumstance, can stand in time to safeguard oneself duty field rights and interests.
