不缴社保需支付补偿，将如何影响企业和劳动者？

Core Viewpoint - The Supreme People's Court has issued a judicial interpretation that invalidates agreements between employers and employees to not pay social insurance, reinforcing the legal obligation for employers to provide social insurance benefits to workers [1][3][4]. Group 1: Legal Implications - The new interpretation states that any agreement or promise by an employee to waive social insurance contributions is deemed invalid, and employees can request contract termination and economic compensation if their employer fails to pay social insurance [1][5]. - The interpretation aims to unify legal standards in response to the rising number of labor disputes related to social insurance, competition restrictions, and employee benefits [3][4]. - The interpretation emphasizes that enjoying social insurance benefits is a fundamental right for workers, contributing to social stability and protecting workers from income loss during risks [4][11]. Group 2: Industry Impact - The restaurant and service industries are increasingly relying on part-time workers to avoid the costs associated with full-time employees, including social insurance contributions [2][10]. - The new regulations may pressure employers, particularly small and micro-enterprises, to comply with social insurance laws, potentially leading to adjustments in employment practices [11][12]. - The current social insurance system is perceived as rigid, with compliance challenges for many businesses, especially in light of economic pressures and the need for flexible employment arrangements [12][13]. Group 3: Economic Considerations - The average monthly salary in Beijing is reported at 11,761 yuan, with the minimum social insurance contribution base set at 6,821 yuan for 2024 [9]. - Employers are required to contribute approximately 1,800 yuan monthly for social insurance for each employee, which can deter them from hiring full-time staff [10]. - A significant portion of enterprises (28.4%) reportedly comply fully with social insurance regulations, indicating ongoing challenges in achieving compliance across the industry [12].