"Five Risks And One Gold" Should Be Compulsory To Pay Any Agreement.

Reporters recently learned at a few coal mines at the grass-roots level that some workers were unwilling to pay "five risks and one gold". After the enterprises failed to mobilize, they knew that the law was illegal, but they took the written application written by the staff to give up voluntarily as evidence.

After consulting a lawyer, the reporter learned that "five risks and one gold" is the state's duty to protect workers' interests and force employers to work for employees.

It is illegal for employers to pay "five risks and one gold" for employees.

The agreement between employers and employees is invalid and should be corrected.

It is understood that these employers are mostly joint-stock enterprises.

Most of them are employed and have relatively large mobility.

"In Shanxi today, maybe I'll go back to my hometown tomorrow." we can't afford "five risks and one gold". We still need more money and better money.

A worker from a coal mine in Linfen said.

He and some of his workmates wrote an application to voluntarily give up social security.

Even Xiao Han, a university graduate who worked for labor and personnel affairs, paid the housing provident fund only because he wanted to buy a house.

Other "five risks" do not work for him.

The lawyer told reporters that China's "five risks and one gold" law involves the labor contract law, the social insurance law and the regulations on the management of housing provident fund.

The "Regulations on the declaration and payment of social insurance premiums" require the employing units to apply for social insurance registration for their employees within 30 days from the date of their employment and declare to pay the society.

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In the absence of social insurance registration, the social insurance agency shall approve the social insurance premium that should be paid.

The social insurance premium mentioned in the Regulations refers to the basic old-age insurance premiums, basic medical insurance premiums and work-related injury insurance premiums paid by the employing units and their employees in accordance with the law.

And maternity insurance premiums.

According to the regulations, the employer shall inform the workers themselves of the details of the payment of social insurance premiums on a monthly basis, announce the annual payment of their social insurance premiums to the employees' Congress on a yearly basis, or accept the supervision of their employees.

The details and changes of the employer's Declaration on behalf of the employees shall be signed and approved by the employees themselves and retained by the employer for reference.

In view of the fact that some employers do not pay social insurance premiums on time and in full, the regulations clearly stipulate that the social insurance agencies shall order them to pay or make up for the time limit, and pay 0.5 per cent of the overdue fees on a daily basis from the date of default. If the overdue payment is not paid, the social insurance department shall pay a fine of more than 1 times or more than 3 times the amount owed.

According to the fiftieth provision of China's labor contract law, the employer should issue a proof of termination or termination of the labor contract when it terminates or terminates the labor contract, and pfers the files and social insurance relations to the laborers within 15 days.

According to the second chapter sixth of the housing provident fund management Ordinance, the unit and the employees should pay the housing accumulation fund according to the regulations.

Therefore, according to the law, it is illegal for an enterprise not to pay social insurance premiums for employees. Any agreement between the two parties is invalid and should be corrected.