“放弃社保”协议无效！最高法司法解释敲定劳资关系公平底线

Core Viewpoint - The Supreme Court has declared any agreement to not pay social insurance invalid, allowing workers to terminate contracts and seek economic compensation from employers, effective September 1 [1][5][9]. Group 1: Policy Implications - The new regulation aims to protect workers' rights and promote social fairness, addressing the widespread issue of employers evading social insurance obligations [2][9][10]. - Experts believe this judicial interpretation sends a clear signal that social insurance is a fundamental right for workers, and any form of evasion is illegal [2][9]. - The interpretation is expected to enhance compliance awareness among companies, compelling them to include social insurance costs in their operational calculations [10]. Group 2: Labor Market Dynamics - A significant portion of workers, particularly in small enterprises, have been opting out of social insurance due to immediate financial pressures, leading to a normalization of such practices [4][15]. - The interpretation is likely to increase the bargaining power of workers, especially new entrants to the job market, by clarifying legal boundaries from the outset of employment [9][10]. - The judicial interpretation may lead to a rise in operational costs for companies, particularly in sectors like food delivery, where estimated additional social insurance costs could reach 2 billion yuan by 2025, impacting profit margins [16]. Group 3: Social Insurance Coverage - Despite concerns about declining participation in social insurance, data indicates a steady increase in the number of insured individuals over the past five years [11][12]. - As of mid-2025, the number of participants in basic pension, unemployment, and work injury insurance is projected to reach 1.071 billion, 245 million, and 300 million, respectively [13]. - The need for broader social insurance coverage remains critical, especially as flexible employment becomes more prevalent [14][17]. Group 4: Future Considerations - The interpretation raises questions about balancing individual income with corporate costs, as mandatory social insurance contributions may reduce take-home pay for workers [15][16]. - Experts suggest that reforms should focus on lowering contribution rates for small businesses and creating more flexible payment mechanisms for individuals to enhance participation [16][17]. - There is a call for rebuilding trust in the social insurance system to encourage participation, emphasizing the importance of transparency and accessibility [16][17].