社保新司法解释9月1日起实施，对企业和劳动者影响几何？

Core Viewpoint - The new judicial interpretation from the Supreme People's Court, effective from September 1, invalidates any agreements to not pay social insurance, which has sparked discussions about its implications for various employment forms, particularly for flexible workers like delivery riders and ride-hailing drivers [1][3][12]. Summary by Relevant Sections Legal Framework - The new interpretation emphasizes that both employers and employees are legally obligated to participate in social insurance, and any agreement to waive this obligation is deemed invalid [3][4]. - Employees have the right to terminate their contracts and seek economic compensation if their employers fail to pay social insurance [3][4]. Impact on Employment Practices - Companies may shift from traditional employment models to non-full-time or flexible employment arrangements to avoid social insurance obligations, potentially increasing the use of interns and retired employees [1][12][13]. - The interpretation does not alter the existing social insurance system but clarifies the legal relationships that determine who is required to pay social insurance [7][8]. Implications for Small and Medium Enterprises (SMEs) - SMEs, particularly in labor-intensive sectors, may face increased operational costs due to mandatory social insurance payments, leading to concerns about financial strain [12][13]. - There are calls for legislative adjustments to provide SMEs with flexible options regarding social insurance contributions to alleviate their financial burdens [12][13]. Employment Relationship Complexity - The interpretation highlights the challenges in identifying true employment relationships, especially in cases of "hidden labor relations" where workers may be classified as independent contractors to evade social insurance responsibilities [9][10]. - The existence of multiple employers in platform-based work complicates the determination of social insurance obligations, necessitating clearer legal definitions [9][10]. Future Developments - A pilot program for occupational injury insurance for new employment forms is set to expand, potentially impacting the social insurance landscape for gig economy workers [8][9].