不缴社保约定”无效单位需支付经济补偿

Core Viewpoint - The Supreme People's Court has issued a judicial interpretation to standardize the legal application regarding labor dispute cases, particularly focusing on social insurance obligations, effective from September 1, 2023 [1][4]. Group 1: Legal Obligations and Interpretations - Employers and employees are legally obligated to participate in social insurance, and any agreement to waive this obligation is deemed invalid [1][4]. - The interpretation clarifies that if an employee terminates their contract due to the employer's failure to pay social insurance, the court will support the employee's claim for economic compensation [2][9]. Group 2: Economic Compensation Rules - The compensation rule states that for each year of employment, one month’s salary will be paid as compensation, and for less than six months, half a month’s salary will be paid [3]. - Employers must return any social insurance subsidies paid to employees if they are later required to make social insurance payments after administrative orders [3]. Group 3: Risks for Employers and Employees - Employers attempting to evade social insurance payments will ultimately face obligations for back payments and compensation [7][9]. - Employees who voluntarily forgo social insurance for immediate financial benefits risk losing long-term protections such as medical, pension, and unemployment benefits [7][8]. Group 4: Recommendations for Employers - Employers are advised to promptly handle social insurance payments and ensure compliance with all five types of insurance, based on actual salary levels and legal contribution rates [10]. Group 5: Recommendations for Employees - Employees should regularly check their social insurance payment status and can request audits or compensations if they find discrepancies [11].