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a worker voluntarily gave up the social security paid by his company, and the company subsidized him 200 yuan per month. a few years later, the employee regretted it, and the company paid the social security for him, but required him to bear nearly 40,000 yuan in late payment fees. recently, the nanjing intermediate people's court concluded a case at the second instance, rejected the plaintiff's appeal, upheld the original judgment, and required the company to bear the late payment fees.

comics: zhang yongwen

in april 2016, lao li joined a security company. after the two parties signed the "employment contract", the company did not pay social insurance premiums for lao li. in march 2017, lao li signed the "commitment to waive social insurance payments", promising to voluntarily give up the company's payment of social insurance for him, and to bear all unexpected consequences such as work-related injuries and medical treatment during his work, and the company subsidized him 200 yuan per month.

in december 2020, the two parties terminated their labor relationship. lao li regretted his decision and asked the company to make up for his social security. the two parties went to court many times in the labor arbitration committee and the court. in the end, the company paid the social security for lao li at the request of the social insurance collection department and paid a late payment fee of 39,678.3 yuan; lao li returned the 11,400 yuan subsidy he received during his employment to the company.

in january this year, the security company again sued lao li to the court for property damage compensation, demanding that he bear the social insurance arrears fee of 39,678.3 yuan.

according to the introduction, the social insurance law stipulates that "employees shall participate in basic pension insurance, and the employer and employees shall jointly pay basic pension insurance premiums." "employers shall declare and pay social insurance premiums on time and in full by themselves, and shall not defer payment, reduce or exempt them except for force majeure and other statutory reasons. "if an employer fails to pay social insurance premiums on time and in full, the social insurance collection agency shall order it to pay or make up the amount within a time limit, and charge a late payment fee of 0.05% per day from the date of default." the labor law stipulates that "employers and employees must participate in social insurance and pay social insurance premiums in accordance with the law."

in this case, although lao li signed the "letter of commitment" and unilaterally promised to give up the company's social insurance payment for him, during the continuation of the labor relationship, it is the employer's mandatory obligation to pay social insurance on time and in full, and it is not exempted because of the employee's commitment. the "letter of commitment" signed by lao li obviously exempted the company from its legal responsibilities and increased lao li's burden. it violated the mandatory provisions of the law and should be invalid. at the same time, the late payment fee is a way to urge the employer to fulfill its legal obligations by adding additional financial burdens to the employer. it is a punishment measure for the employer's violation of the mandatory provisions of the law. the security company did not pay the social insurance premiums that lao li should bear and the social insurance premiums that lao li should pay personally according to law. the resulting late payment fees should be borne by the company. in summary, the security company's claim that lao li should pay the late payment fee has no factual and legal basis. the first instance court rejected its lawsuit. the security company appealed. the nanjing intermediate people's court rejected the appeal in the second instance and upheld the original judgment.