热搜第一！事关你的社保

Core Viewpoint - The Supreme People's Court of China has declared that any agreement or promise by employees to voluntarily waive social insurance contributions is invalid, effective from September 1, 2023, thereby reinforcing the legal obligation of employers to pay social insurance for their employees [2][7][11]. Summary by Sections Legal Interpretation - The Supreme People's Court issued an interpretation regarding labor dispute cases, stating that agreements between employers and employees to not pay social insurance are invalid [2][6]. - This interpretation aims to address common issues such as subcontracting and non-payment of social insurance, ensuring that laborers' rights to wages, safety, and social insurance are protected [6][8]. Implications for Employers - Employers who have not been paying social insurance must do so promptly to avoid liabilities related to economic compensation upon termination of employment [2][7]. - The interpretation emphasizes that employers cannot evade their responsibilities by making informal agreements with employees regarding social insurance [8][11]. Employee Rights - Employees are entitled to social insurance benefits, which are crucial for their long-term security against risks such as aging, illness, and unemployment [8]. - The court's ruling is expected to empower employees, particularly those in weaker positions, to demand their legal rights without fear of losing their jobs [7][8]. Case Example - A notable case involved an employee who was not provided social insurance despite an agreement to receive a cash allowance instead. The court ruled that the employer must pay economic compensation due to the invalidity of the waiver agreement [10][11]. - This case illustrates the court's commitment to uphold the law regarding social insurance obligations and protect employee rights [11].