Group 1 - The new judicial interpretation "Interpretation (II)" by the Supreme People's Court aims to clarify the validity of agreements or declarations that waive social insurance, indicating that such agreements are invalid [1][2] - The interpretation is expected to pressure employers to correct their non-compliance with social insurance contributions, potentially leading to increased compliance and payment of overdue social insurance [2][3] - There is uncertainty regarding how many employers will rectify their practices and whether employees will cooperate with the payment of social insurance contributions, which may lead to a shift towards outsourcing or non-labor relationships [2][3] Group 2 - The recent trend of companies like McDonald's hiring retired individuals is linked to the avoidance of mandatory social insurance contributions, highlighting the importance of certainty in employment decisions [4][5] - Retired individuals who have already received pension benefits are not required to participate in mandatory social insurance, which may influence companies' hiring strategies [5] - Future regulations may provide retired workers with minimum wage standards and labor protections while allowing for voluntary participation in social insurance, emphasizing the balance between mandatory and voluntary contributions [5]

Social Security & Healthcare - The document discusses the option of only paying for resident medical insurance instead of social security [1] - It highlights a shift towards mandatory social security contributions [3] - The author expresses concern for self-employed individuals who voluntarily pay for social security [3] - The author argues that most young people who pay for medical insurance rarely use it [3] Personal Finance Perspective - The author criticizes the perceived "word game" where individuals still pay out-of-pocket even with medical insurance [3]

Social Security & Healthcare Analysis - The analysis suggests that many young individuals who pay for medical insurance may not actually utilize it, implying a potential inefficiency in the system [1] - The analysis points out that the "self-paid" portion of medical expenses often comes from individual accounts rather than pooled funds, despite the perception of insurance coverage [2][3] - The analysis suggests that resident medical insurance offers a cost-effective option for major illnesses, especially hospitalization, despite procedural hurdles [5][6] - The analysis views commercial insurance as a gamble against insurance companies, advising against it for individuals with sufficient assets (e g, 1 million in emergency cash) due to potentially unfavorable terms [6] Pension & Public Fund Insights - The analysis highlights the significant disparity in pension benefits based on employment type (e g, civil servants, state-owned enterprises, private companies, freelancers), with civil servants receiving substantially higher pensions [7] - The analysis implies that individuals in less advantageous positions within the pension system should minimize contributions as a form of resistance [8] - The analysis suggests that housing provident fund (公积金) is a tangible benefit that should be considered as part of one's income [9] - The analysis notes a decreasing trend in companies willing to take risks to help employees avoid taxes, as the risks outweigh the benefits [9] - The analysis suggests that the value of residency permits (落户) and housing purchase qualifications (房票) is diminishing, making continuous social security contributions for these purposes less worthwhile [9]

Group 1 - By 2050, the elderly population aged 60 and above in China is expected to reach nearly 500 million, accounting for over one-third of the total population [1] - The new social insurance regulations mandate that both employers and employees must contribute to social insurance, rendering any agreements to waive contributions invalid [3][5][6] - The enforcement of mandatory social insurance is seen as a significant burden for small enterprises and low-income individuals, as it eliminates the previous flexibility in contributions [10][11] Group 2 - The calculation of social insurance contributions is based on a formula that includes the contribution base and respective rates for employers and employees [16][17] - Pension benefits after retirement are derived from two components: the basic account pension and the personal account pension, with the latter being influenced by the individual's contributions [20][21] - Concerns about the sustainability of the social insurance fund are rising due to an aging population and declining birth rates, with predictions suggesting that pension funds may be depleted by 2035 [31][32] Group 3 - The government is exploring solutions to address potential pension shortfalls, including leveraging state-owned assets and implementing gradual retirement age increases [32][33] - The societal implications of a significant elderly population without adequate social security could lead to increased poverty and social unrest, highlighting the necessity of preemptive funding for social insurance [37]

#讨论 9月1日起全面禁止“自愿放弃社保”，可能会推动利润微薄的个体商户转向聘请不用交社保的退休人员？ ...

Core Viewpoint - The new regulation effective from September 1 mandates that employers must pay social insurance for employees, making any agreement to not pay social insurance invalid, thus protecting workers' rights and increasing social insurance fund revenues [5][6]. Group 1: New Regulation Impact - The Supreme People's Court's new interpretation clarifies that any agreement to not pay social insurance is invalid, and employers will face compensation responsibilities if they fail to comply [5]. - Compensation for employers will be calculated as one month's salary for each year of service, with half a month's salary for less than six months of service [5]. Group 2: Social Insurance Fund Dynamics - The number of urban retirees in China is projected to reach 147.39 million by 2024, an increase of 61.46 million (over 71%) compared to a decade ago [5]. - The expenditure of the urban employee basic pension insurance fund is expected to be 67,656 billion yuan in 2024, which is an increase of 45,902 billion yuan (over 210%) from ten years ago [5]. - The average monthly pension for urban residents is projected to be 3,825 yuan in 2024, reflecting an increase of 1,715 yuan (over 81%) from ten years ago [5].

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].