Core Viewpoint - The Supreme Court has clarified that any agreement between employers and employees to avoid social insurance contributions is invalid, granting employees the right to terminate their contracts and seek economic compensation from employers [1][5][7]. Summary by Sections Case Background - In July 2022, an employee named Zhu entered into an agreement with a security company where the company would not pay social insurance but instead provide the equivalent amount as a subsidy directly to Zhu. The company failed to make the required social insurance payments [3]. Court Ruling - The court ruled that paying social insurance is a legal obligation for both employers and employees, and any agreement to waive this obligation is invalid. The court ordered the security company to pay Zhu economic compensation for the termination of his contract [5]. Significance - The ruling emphasizes that participation in social insurance is a legal duty for both parties. It establishes that agreements to avoid social insurance contributions are illegal and invalid. This decision encourages employers to comply with social insurance laws and helps employees recognize the long-term benefits of social insurance [7].
最高法:任何“不缴社保”的约定均无效
证券时报·2025-08-01 14:08