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社保“拒缴无效”,我们更需要关注什么?
Hu Xiu· 2025-08-16 06:34
Core Viewpoint - The Supreme People's Court has issued a new judicial interpretation regarding labor disputes, which invalidates any agreements between employers and employees to waive social insurance contributions, effective from September 1, 2025. This is perceived as a tightening of social insurance regulations in China [1][24]. Group 1: Social Insurance Compliance - In the current job market, it is common for employers and employees to agree to waive social insurance or only contribute at the minimum base. According to the "China Enterprise Social Insurance White Paper 2024," only 28.4% of companies fully comply with social insurance payment standards, indicating that about 70% of companies either do not pay or underpay [2][26]. - The new interpretation aims to ensure that all employees with labor contracts must participate in social insurance, addressing the long-standing issue of informal agreements to avoid contributions [25][27]. Group 2: Impact on Small and Micro Enterprises - Small and micro enterprises are concerned that stricter enforcement of social insurance contributions will significantly increase their labor costs, potentially threatening their survival [6][9]. - The current overall social insurance contribution rate in China is relatively high, with the employer's pension insurance contribution at 16% and the employee's at 8%, totaling 24%, which is considered high on a global scale [10]. Group 3: Balancing Worker Rights and Business Viability - The key issue is not whether to pay social insurance, but how to balance the protection of workers' rights with the support of business development. There is a need to gradually lower social insurance contribution rates to alleviate the financial burden on small and micro enterprises while ensuring worker rights are protected [3][8][9]. - The current system bases contributions on total wages, which may not be suitable in the context of digital and automated production methods. A new funding mechanism that considers factors like company profits or revenues may be necessary [10]. Group 4: Reforming Contribution Bases - There are two proposed reform approaches: lowering the minimum contribution base or adjusting the calculation of the average wage to include all employment types, which would better align contributions with actual earnings [14][15]. - The current minimum contribution base is set at 60% of the social average wage, which is seen as too high for many low-income workers. Adjusting this could reduce the financial burden on these individuals [11][12]. Group 5: Sustainability and Intergenerational Equity - The sustainability of social insurance funds and intergenerational equity are pressing concerns, especially as pension levels continue to rise while young people's wages stagnate. A more reasonable pension growth mechanism is needed, potentially linked to living costs rather than just inflation [16][17]. - The relationship between economic growth and the ability to support an aging population is crucial. If economic growth continues, it may mitigate the challenges posed by an aging population on the pension system [17]. Group 6: International Comparisons and Lessons - Different countries have adopted various social insurance models, including those based on mutual aid and tax-funded systems. The experiences of countries like Singapore, which employs a mandatory savings model, may offer insights, but caution is advised against fully adopting such systems without considering local economic conditions [18][19][20]. - The distinction between social insurance as a fee versus a tax is important, as social insurance contributions are directly linked to benefits received, unlike taxes which fund general public services [31][32].