Chinanews client, Beijing, January 30 (Peng Ningling) Recently, the incident of "Sudden death of a bus driver in Fuzhou is not recognized as a work injury" has attracted the attention of netizens: The driver died suddenly at work, but the unit said that the employee was unwilling to go to social insurance, so work injury could not be recognized.
After the intervention of the local Human Resources and Social Security Bureau, the employee has been identified as a work injury.
However, the company's "voluntary waiver of social security" issue makes people think: Can social security be voluntarily waived?
In addition to social security, how many "voluntary quit" traps are there in the workplace?
When employees are "voluntarily", how can they protect their rights?
The sudden death of a bus driver leads to the "voluntary waiver of social security" controversy
On January 25, a bus driver in Fuqing City, Fujian Province suffered a heart attack while driving and died after stopping safely.
The younger brother of the driver, Master Chen, said: The truck company where his brother worked had asked all employees to sign a declaration of voluntary waiver of social security, so Master Chen could not identify a work injury.
The company said it could only compensate 100,000 yuan for humanitarian reasons.
As soon as the news came out, the identification of Master Chen's work injury immediately caused heated public opinion.
At noon on January 28, the "Determination of Work Injury" issued by the Sudden Myocardial Infarction Driver Chen Zujun issued by the Bureau of Human Resources and Social Security of Fuqing City, Fujian Province showed that the accident injury suffered by the driver complies with the relevant provisions of the "Work Injury Insurance Regulations" and falls within the scope of work injury recognition. Treat it as a work injury.
Fuqing City Transportation Bureau will ensure that the compensation is paid in time.
At present, the "work injury" has been identified, but the discussion among netizens has not stopped regarding the "voluntary waiver of social security" agreement in the incident:
"Is this something that a normal company can do? Voluntarily give up social security?"
"Learning words: Voluntarily give up social security. In the future, I will also give up wages, overtime pay, rest and vacation, and life..."
"Voluntary non-payment of five social insurances and one housing fund, voluntary overtime, voluntary no vacation, voluntary early arrival to the company, voluntary social entertainment, as long as it is related to work, it is voluntary.
Hitting workers voluntarily, how many are "voluntarily"?
In fact, in the workplace, all kinds of employees "voluntarily give up" related rights and interests are no longer new.
Earlier, there was news that "men who applied for take-out delivery staff were required to'voluntarily give up social insurance'" appeared on hot searches.
In reality, in addition to voluntarily waiving social security, things such as voluntarily waiving overtime pay, voluntarily waiving paid vacations, and even voluntarily waiving the signing of labor contracts also happen from time to time.
"Where are a few people who are voluntary, most of them are'voluntarily'." said Xiao Yu, who works for a company in Beijing.
Her unit requires employees to "voluntarily work overtime" and therefore does not pay overtime.
Although feeling aggrieved, Xiao Yu did not resist, “Now that the job is so hard to find, there are three or four rounds of written examination and interview. When the contract is signed, the letter of commitment is voluntarily waived and left. If you don’t give up, you will leave. ?"
It can also be seen from the comments of netizens that in the eyes of many beaters, the so-called "voluntary waiver" is just a different term.
In actual work, most employees do not have the courage to refuse when the relatively strong employers demand "voluntary", and often only when there is resignation, accidents, etc., the two sides have disputes.
"In labor disputes, cases in which employees sign voluntary waiver agreements are representative." Ruan Chao, a lawyer from Shanghai Universal Law Firm, told reporters on Chinanews.com that in addition to employees’ forced voluntary actions, the company’s To reduce costs, in order to increase the actual income of workers, the two parties reached an agreement that employers should not pay social security for workers.
In this case, the employer often adds the part of the social security that the employer should pay to the original wages of the workers to achieve the so-called "win-win".
For some industries with high labor mobility, some workers pay more attention to the benefits they actually get, and sometimes they may even take the initiative to ask not to pay social security.
Ruan Chao believes that, on the surface, the company's costs have been reduced and the benefits of the workers have increased. Such "voluntary abandonment" is a "win-win".
But when there is a problem, that is, when a work injury occurs, disputes will follow.
Data Map: College Student Recruitment Fair.
Photo by Yang Bo
Can social security, overtime pay, and annual leave be waived voluntarily?
Then, when a worker and an employer sign a "voluntary waiver" agreement, is it legal recognition?
If workers are "voluntarily", how can they defend their rights?
“my country’s labor law clearly stipulates that employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.” Ruan Chao said that workers and employers can negotiate and agree on remuneration, work content, work location, etc. Social security is a statutory obligation and cannot be exempted based on the wishes of workers and employers.
In other words, even if employees sign an agreement to voluntarily give up social security, the agreement itself is invalid because it violates the law.
In this case, the worker has the right to request the employer to make a supplement.
If the employer refuses to pay, the worker also has the right to request the termination of the labor contract.
Ruan Chao said that in practice, it is difficult for the social security department to actively discover that the company has not paid social security for its employees. For their own legitimate rights and interests, employees who are in arrears should proactively file a labor dispute arbitration application or file a complaint with the social insurance administrative department.
The social insurance administrative department will order the unit to make corrections within a time limit. If the unit fails to make corrections within the time limit, the employer shall impose a fine of not less than 1 time but not more than 3 times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible persons shall be fined more than 500 yuan Fines below 3000 yuan.
In addition, according to the "Work Injury Insurance Regulations", in the event of a work injury, if the employer does not pay social insurance for the worker, the corresponding work injury insurance benefits that could have been paid by the work injury insurance fund will all be borne by the employer. The unit is undoubtedly due to small losses.
In addition to social security, laws and regulations also stipulate that workers voluntarily waive overtime pay and voluntarily waive paid annual leave.
Regarding overtime pay, even if an agreement is signed and the company agrees not to pay overtime pay, it cannot be recognized by law.
As long as the unit violates the statutory working hours standards and arranges workers to extend their working hours overtime, they shall bear the corresponding legal consequences.
For employees’ paid annual leave, the “Measures for the Implementation of Paid Annual Leave for Enterprise Employees” promulgated by the Ministry of Human Resources and Social Security in 2008 stipulates that if an employee has made a written request for annual leave for his own reasons, the employer can only pay for the normal annual leave. Wage income during work.
(Finish)