热搜第一！事关社保，最高法发布最新解释，9月1日起施行→

Core Viewpoint - The Supreme People's Court has issued a judicial interpretation to clarify the legal obligations of employers and employees regarding social insurance contributions, effective from September 1, aiming to protect workers' rights and ensure compliance with social insurance laws [2][6]. Group 1: Legal Obligations and Interpretations - Employers and employees are legally obligated to participate in social insurance, and any agreements to waive this obligation are deemed invalid [3][11]. - The judicial interpretation specifies 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 [4][17]. Group 2: Economic Compensation Rules - The compensation rule states that for each year of employment, the employer must pay one month's salary as compensation, and for less than six months, half a month's salary [5][17]. - Employers who have previously compensated employees through allowances instead of social insurance may be required to reclaim those funds after being ordered to pay social insurance [5][12]. Group 3: Risks for Employers and Employees - Employers attempting to evade social insurance payments face risks of mandatory back payments and penalties, as well as potential economic compensation claims from employees [16][17]. - Employees who voluntarily waive social insurance for immediate financial benefits risk losing long-term protections such as medical, unemployment, and pension benefits [13][14]. Group 4: Recommendations for Compliance - Employers are advised to ensure timely and complete social insurance contributions for their employees, adhering to legal requirements regarding the types and amounts of insurance [18]. - Employees should regularly check their social insurance payment status and report any discrepancies to the relevant authorities, with the option to terminate their contracts if violations are severe [19].