Is the contract agreed that employees to pay social security by themselves, is it feasible?The court was sentenced

The Yangtze River Daily Da Wuhan Client July 29th The contract stipulates that employees will pay social security by themselves. Is this agreement valid? On July 28, the reporter was informed that the Court of Laou District tried the labor disputes caused by social security. The court found that paying social security is the legal obligation of the company, and the terms of the obligation to exempt the obligations through the labor contract are invalid.

In September 2020, the post -90s guy Zhao joined a company. The two parties signed a written "Labor Contract", which agreed to pay 5,000 yuan. Article 5 of the "Labor Contract" requires Zhao to pay social security by himself, and the company will provide social security subsidies every month, and pays it with wages. In April 2021, Zhao left his own job after negotiation with the company due to wages and social security issues.

In February 2022, Zhao raised labor arbitration to the labor arbitration department, asking the company to pay social security and pay economic compensation, and was rejected by the arbitration agency.

In April 2022, Zhao did not accept the results of the arbitration ruling and sued the Court of Laantou District, asking the company to pay 10,000 yuan in economic compensation.

During the trial, Zhao said that the salary agreed at the time was 5,000 yuan. The company said that social security subsidies were paid separately, but without saying the specific amount, I signed the contract without thinking about it. The company believes that during the 5,000 monthly salary of Zhao, the salary was actually only 3800 yuan, and the remaining 1,200 yuan was social security subsidies.

Article 72 of the Labor Law of my country stipulates that employers and workers must participate in social insurance in accordance with the law and pay social insurance premiums. Article 60 of the Social Insurance Law stipulates: "The employer shall declare on their own and pay social insurance premiums in full and time on time. If the withdrawal and payment, the employer shall inform me of the details of the social insurance premiums on a monthly basis. "

This means that employers pay social security for workers is a legal obligation and cannot be excluded or changed by agreed.

In this case, the plaintiff in the labor contract required the plaintiff to pay social security by themselves, which violated the law's mandatory provisions, so the clause was invalid.

Since the unit does not violate social security, how can workers safeguard their legitimate rights and interests? my country's "Labor Contract Law" stipulates that in this case, workers can terminate the labor contract, and employers shall pay economic compensation.

The court held that in this case, the company did not pay social security for Zhao in accordance with the law, causing Zhao to leave by himself, and the company should pay economic compensation.

A few days ago, the court ruled that the company paid Zhao's economic compensation of 5,000 yuan in economic compensation for relieving labor relations. The undertaking judge said that after the judgment of the case came into effect, Zhao could take the judgment to the Human Resources and Social Security Department to ask the company to pay social security.

[Pu Law Expansion] What is the difference between compensation and economic compensation?

Economic compensation refers to a kind of economic compensation paid to workers under specific conditions in accordance with the law, the situation of economic compensation compensation, and the specific standards of compensation have legal provisions. At the same time, economic compensation is usually only applicable to employees to pay employees. Labor law and related laws do not stipulate economic compensation paid by employees to employers.

Compensation refers to the compensation paid to the other party due to the violation of the law or violation of the contract and the contract. According to Article 87 of the Labor Contract Law, if the employer lifts the labor contract illegally, it shall pay the workers in accordance with the double standard of compensation for the labor contract economic compensation standard.

The relevant person in charge of the President Feng Court of Pusou District said that when the employee left, whether the employee had compensated or compensated. Generally, it depends on whether the employee left his own or the unit to actively terminate the labor contract. The company's illegal termination of compensation is required. In layman's terms, the company cannot determine the reason to terminate the labor contract. Employees leave their own jobs, but the company has to pay compensation when there is a legal plot of legal violations.

(Changshan Daily reporter Geng Shanshan correspondent Lin Wei Yu Yue)

【Edit: Wang Yujin】

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