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四个小老板和一名劳动法律师眼中的“社保新规”
Hu Xiu· 2025-08-12 05:56
Core Points - The Supreme People's Court issued an interpretation regarding labor dispute cases, emphasizing that agreements to waive social insurance contributions are invalid, signaling a move towards mandatory social insurance compliance [1][4][5] - A significant portion of companies, particularly small and micro enterprises, are currently non-compliant with social insurance regulations, with only 28.4% fully compliant in 2024 [1][2] - The aging population and declining birth rates are increasing the pressure on social insurance systems, with a rising dependency ratio noted [1] Group 1: Legal Changes - The new regulation clarifies that agreements between employers and employees to not pay social insurance are legally ineffective, reinforcing the obligation for employers to contribute [4][5] - The interpretation does not create new obligations but reaffirms existing legal requirements that have been in place since the Labor Contract Law of 2008 [5][6] Group 2: Industry Impact - Many small businesses, particularly in sectors like e-commerce and food service, operate on thin profit margins, making compliance with mandatory social insurance financially burdensome [8][9][20] - The fast-paced nature of industries such as express delivery and food service often leads to informal employment arrangements, complicating compliance with social insurance laws [11][12][16] - Business owners express concerns that mandatory social insurance could lead to increased operational costs, potentially resulting in layoffs or reduced hiring [2][9][15] Group 3: Business Owner Perspectives - Business owners in various sectors report a lack of awareness among employees regarding social insurance, with many prioritizing immediate cash compensation over long-term benefits [7][24] - The financial strain of mandatory social insurance could force businesses to downsize or alter their operational models, particularly in low-margin industries [9][10][20] - There is a prevailing sentiment among small business owners that compliance will take time and may not be feasible in the current economic climate [9][10][26]