“不缴社保”约定无效，如何理解最高法的最新解释

Core Viewpoint - The Supreme People's Court has introduced a new interpretation that invalidates agreements between employers and employees to not pay social insurance, aiming to ensure compliance with social insurance laws and prevent disputes [1][2][4]. Group 1: Legal Framework - Current labor and social insurance laws mandate that both employers and employees must participate in social insurance, with the Labor Contract Law allowing employees to terminate contracts if employers fail to pay social insurance [2][3]. - The new interpretation consolidates existing judicial practices, clarifying that agreements to not pay social insurance are illegal and should be deemed invalid by courts [2][4]. Group 2: Judicial Practice - Prior to this interpretation, there were conflicting judicial opinions on whether employees could claim economic compensation after agreeing to not pay social insurance [3][4]. - The new interpretation aligns with the judicial stance taken by Beijing courts, which supports employees' rights to claim compensation when employers fail to pay social insurance [4]. Group 3: Implications for Employers - The introduction of this rule is expected to compel employers to comply with social insurance obligations, thereby promoting lawful employment practices and protecting employee rights [4][5]. - Employers often avoid paying social insurance to reduce labor costs, which can create an uneven playing field against compliant businesses [5][6]. Group 4: Social Impact - The interpretation has garnered significant public attention, indicating that the practice of not paying social insurance is prevalent among some employers [4][5]. - Experts suggest that balancing employee rights and employer operational viability may require adjustments in social insurance rates and management practices [6].