最高法：任何“不缴社保”约定都无效

Core Viewpoint - The Supreme People's Court has issued an interpretation regarding labor dispute cases, emphasizing that any agreement to not pay social insurance is invalid, thereby protecting workers' rights and ensuring compliance with social insurance laws [1][4][8]. Summary by Sections Legal Obligations - Both employers and employees are legally obligated to participate in social insurance. Any agreement to waive this obligation is deemed invalid [1][4]. - The interpretation will take effect on September 1, and employers must comply to avoid penalties [4]. Economic Compensation - Employers are required to pay economic compensation if an employee terminates their contract due to the employer's failure to pay social insurance [2][8]. - The compensation is calculated as one month's salary for each year of service, with a half-month's salary for less than six months of service [3]. Risks for Employers - Employers who evade social insurance payments face risks, including forced collection and the obligation to pay back compensation if an employee resigns [13][14]. - The interpretation aims to compel employers to fulfill their social insurance obligations, thereby reducing their operational risks [2][10]. Employee Rights - Employees who discover that their employer is not paying social insurance can request enforcement from social insurance authorities [2][16]. - Employees should be vigilant about their social insurance contributions and can seek compensation if their employer fails to comply [16]. Case Example - A case involving an employee who signed a waiver to not pay social insurance was ruled invalid by the court, reinforcing that such agreements violate legal requirements [6][8]. - The court supported the employee's claim for economic compensation due to the employer's non-compliance with social insurance laws [8].