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“全民强制缴纳社保”系误读,真相是这样
2 1 Shi Ji Jing Ji Bao Dao·2025-08-19 08:55

Core Viewpoint - The Supreme People's Court's new interpretation emphasizes that agreements between employers and employees to waive social insurance contributions are invalid, reinforcing the legal obligation for both parties to contribute to social insurance [1][3]. Summary by Sections Legal Interpretation - The new interpretation, effective from September 1, clarifies that any agreement to not pay social insurance is legally void, and employees can seek economic compensation if their employer fails to pay [2][3]. - A typical case highlighted involved an employee who was denied compensation after agreeing not to have social insurance paid, which the court later ruled as invalid [2]. Impact on Employers - The interpretation aims to protect employee rights, urging companies to comply fully with social insurance obligations to avoid legal risks [4][5]. - There is a growing concern that both small and large enterprises, including state-owned ones, may have previously engaged in practices of not paying social insurance [5]. - Companies face risks not only from potential employee claims for compensation but also from liabilities arising from workplace injuries if they do not have the necessary insurance coverage [5]. Changes in Employment Practices - The implementation of the new interpretation may lead to changes in employment structures, with a potential increase in hiring retired individuals as a strategy to mitigate costs [6]. - There are suggestions for companies to consider commercial accident insurance for retired re-employed workers to manage risks associated with workplace injuries [6]. Support for Enterprises - The government acknowledges the financial pressures on small and medium-sized enterprises due to mandatory social insurance contributions and is exploring measures to alleviate these burdens [7][8]. - Recent policies allow for temporary deferrals of social insurance payments for companies facing operational difficulties, alongside subsidies for those hiring specific groups [7]. Social Insurance Subsidies - Proposals have been made to expand social insurance subsidies to include a wider range of employment types, including flexible workers and entrepreneurs, to enhance employment opportunities for youth [8][9]. - These subsidies are expected to improve disposable income for young workers and stimulate consumption, thereby benefiting the economy [9].