Employee goes to work in the company, the company is employee pay social security.
This is requirement of provision of our country law, the purpose is to guarantee the right of employee.
Because, below most circumstance, laborer is the position that stems from relatively weak force.
But, if employee abandons this kind of right that guarantees a gender of one's own accord, does our country law support?
After employee abandons, can you still go back on his word?
Details of a case answers put:Hu Mou goes to work in an electron factory, the company after going to work not to its pay social security.
After a month, hu Mou issue affirmatory book, claim: As a result of him reason, abandon pay society insurance of one's own accord. The pecuniary loss that him acceptance produces because of this and law are sequential, be in charge of by oneself, and do not produce any issue with the company accordingly.
Spent half an year again, hu Mou arbitrates to labor appoint offer the arbitration, reason is: The company did not help its capture for a long time make social security, violated law badly, encroached his legitimate rights and interests badly also.
Hu Mou asks the company pays economy to compensate gold more than yuan 20 thousand to its.
Forensic court decision:The court is after adjudgement, think unit of choose and employ persons was not insurance premium of worker pay society lawfully, laborer can remove labor contract, but this case is laborer Hu Mou is freewill not pay social security, this is to belong to cannot return duty the case at unit of choose and employ persons.
In addition, hu Mou is person of competence of completely civil action, he should can realize the consequence that signs affirmatory book.
No matter the company calls him the autograph this affirmatory book, still he is signed of one's own accord, he should know, once sign this affirmatory book, he cannot get social security possibly really.
Want Hu Mou to be in only when signing this acceptance book, did not get the case such as con, threatening, take advantage of sb's precarious situation, this acceptance book is effective.
Hu Mou is to belonged to the right to oneself to have disciplinary action.
At the moment the right that he asks the company pays him to abandon again, violate honest credence principle apparently.
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