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制度撕掉遮羞布,“自愿放弃社保”从此无效
3 6 Ke· 2025-09-01 09:09
Core Points - The recent legal ruling invalidates agreements allowing employees to voluntarily waive social security contributions, marking the end of a long-standing informal practice in various industries [2][10][50] - This change is seen as a response to the unsustainable nature of the current social security system in China, which has been under strain due to demographic shifts and inadequate compliance [13][25][50] - The ruling is expected to significantly impact small and micro enterprises that have relied on circumventing social security costs, potentially leading to increased operational costs and financial strain [7][29][37] Group 1 - The invalidation of the "voluntary waiver of social security" agreements means employees can now demand compensation and require employers to pay back social security contributions [2][12][34] - Many workers, especially in lower-income brackets, have opted for cash supplements over social security due to immediate financial pressures, highlighting the complexity of the issue [5][6][30] - Small businesses, which constitute over 90% of China's market entities, face significant financial burdens from mandatory social security contributions, which could lead to layoffs or business closures [7][9][37] Group 2 - The legal change is not merely a new regulation but a correction of a long-ignored loophole in the social security system, indicating a shift towards stricter enforcement [2][12][50] - The ruling reflects a broader trend of transitioning from informal agreements to formal contracts, aiming to establish a more equitable labor market [35][50][51] - The government is expected to increase scrutiny on social security compliance, which may lead to a restructuring of labor practices across various sectors [39][41][50]