Core Viewpoint - The Supreme People's Court has issued a judicial interpretation to clarify the legal standards for labor dispute cases, particularly regarding social insurance, effective from September 1, aiming to protect workers' rights and ensure compliance by employers [1][2]. Summary by Relevant Sections Legal Obligations and Invalid Agreements - Participation in social insurance is a legal obligation for both employers and employees, and any agreement to not pay social insurance is deemed invalid [1][2]. - Employers cannot evade social insurance contributions by offering cash supplements or requiring employees to sign waivers [3][5]. Economic Compensation Rules - If an employee terminates their contract due to the employer's failure to pay social insurance, they are entitled to economic compensation, calculated as one month's salary for each year of service, with a half-month's salary for less than six months [1][2][9]. Enforcement and Compliance - Employers are compelled to comply with social insurance laws, as failure to do so can lead to forced payment and penalties, including late fees [8][10]. - The interpretation aims to hold employers accountable and prevent them from using agreements to bypass their legal responsibilities [9][10]. Risks for Employees - Employees who voluntarily forgo social insurance for immediate financial benefits risk losing long-term protections, such as medical, unemployment, and pension benefits [6][7][8]. - The lack of social insurance can lead to significant financial burdens on employees in cases of illness, injury, or retirement [7][8]. Recommendations for Employers and Employees - Employers should ensure timely and complete payment of social insurance contributions, adhering to legal requirements [10]. - Employees are advised to monitor their social insurance status and report any discrepancies to the relevant authorities [11].
“不缴社保约定”无效 单位需支付经济补偿 最高法发布→
Yang Shi Xin Wen·2025-08-01 02:38