全民强制缴纳社保

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全民强制交社保是误读,真相是这样
21世纪经济报道· 2025-08-19 10:29
Core Viewpoint - The Supreme People's Court's new interpretation emphasizes that agreements between employers and employees to waive social insurance contributions are invalid, reinforcing the legal obligation for both parties to contribute to social insurance [1][6]. Group 1: Legal Interpretation and Implications - The new interpretation, effective from September 1, clarifies that if an employer fails to pay social insurance, employees can legally terminate their contracts and claim economic compensation [1][3]. - A typical case highlighted involved an employee who contested a company's non-payment of social insurance, leading to a court ruling that supported the employee's claim for compensation [5][6]. - The interpretation aims to standardize judicial decisions across different regions, addressing inconsistencies in how courts have previously ruled on similar cases [6]. Group 2: Impact on Employers - Employers are advised to comply fully with social insurance obligations to mitigate legal risks, especially in light of potential disputes when employees leave or in cases of workplace injuries [8][9]. - The interpretation may lead to changes in employment structures, with a potential increase in hiring retired individuals as companies seek to navigate the new legal landscape [9]. - There is a growing recognition that both large and small enterprises face challenges in adhering to social insurance laws, with the risk of legal repercussions for non-compliance [8][9]. Group 3: Broader Economic Context - The Ministry of Human Resources and Social Security reported an increase in the number of individuals covered by social insurance, indicating a trend towards greater compliance [11]. - The government is considering measures to alleviate the financial burden on small and medium-sized enterprises, including temporary deferrals of social insurance payments [11][12]. - Proposals for expanding social insurance subsidies aim to support various employment groups, including flexible workers and entrepreneurs, thereby enhancing job security and economic stability [12][13].