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“全民强制缴纳社保”系误读,真相是这样
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][3]. Summary by Sections Legal Interpretation - The new interpretation, effective from September 1, clarifies that any agreement to not pay social insurance is legally void, and employees can seek economic compensation if their employer fails to pay [2][3]. - A typical case highlighted involved an employee who was denied compensation after agreeing not to have social insurance paid, which the court later ruled as invalid [2]. Impact on Employers - The interpretation aims to protect employee rights, urging companies to comply fully with social insurance obligations to avoid legal risks [4][5]. - There is a growing concern that both small and large enterprises, including state-owned ones, may have previously engaged in practices of not paying social insurance [5]. - Companies face risks not only from potential employee claims for compensation but also from liabilities arising from workplace injuries if they do not have the necessary insurance coverage [5]. Changes in Employment Practices - The implementation of the new interpretation may lead to changes in employment structures, with a potential increase in hiring retired individuals as a strategy to mitigate costs [6]. - There are suggestions for companies to consider commercial accident insurance for retired re-employed workers to manage risks associated with workplace injuries [6]. Support for Enterprises - The government acknowledges the financial pressures on small and medium-sized enterprises due to mandatory social insurance contributions and is exploring measures to alleviate these burdens [7][8]. - Recent policies allow for temporary deferrals of social insurance payments for companies facing operational difficulties, alongside subsidies for those hiring specific groups [7]. Social Insurance Subsidies - Proposals have been made to expand social insurance subsidies to include a wider range of employment types, including flexible workers and entrepreneurs, to enhance employment opportunities for youth [8][9]. - These subsidies are expected to improve disposable income for young workers and stimulate consumption, thereby benefiting the economy [9].
企业是否要担心历史欠缴问题……厘清社保“新规”最重要的十个问题
Jing Ji Guan Cha Bao· 2025-08-16 05:28
Core Viewpoint - The Supreme People's Court's new interpretation regarding social insurance payments, effective September 1, 2023, states that any agreement between employers and employees to not pay social insurance is invalid, which raises concerns about increased labor costs for small and micro enterprises and potential impacts on disposable income for workers [1][3]. Group 1: Background and Context - The introduction of the new interpretation has been in the works for a long time, with a draft released in December 2023 and the final version published on August 1, 2025 [3]. - The rise in labor dispute cases, with a 40.17% increase in the first half of 2025, has prompted the need for clearer legal standards regarding social insurance disputes [3]. Group 2: Implications of the New Interpretation - The new interpretation does not equate to the implementation of "universal social insurance" but rather reinforces existing laws that require employers to pay social insurance [4]. - The interpretation allows employees to claim economic compensation even if they previously agreed not to pay social insurance, potentially increasing litigation against employers [6][7]. Group 3: Current State of Social Insurance Compliance - There are significant issues with social insurance compliance, particularly among small and micro enterprises, which often do not pay social insurance or do not pay the full amount based on total wages [9][10]. - As of 2024, only 28.4% of companies are fully compliant with social insurance payment bases, indicating widespread non-compliance [10]. Group 4: Employee Rights and Reporting Mechanisms - Employees can report non-compliance to tax authorities or seek arbitration through labor dispute committees if their employers fail to pay social insurance [8]. - The legal framework allows employees to demand back payments for social insurance without a statute of limitations, although practical enforcement may be limited [14]. Group 5: Potential Challenges for Enterprises - Small and micro enterprises may face increased operational costs due to the new interpretation, leading to potential layoffs or salary reductions to manage expenses [12][13]. - The shift towards compliance may result in businesses restructuring their compensation models, such as offering fixed salaries plus social insurance subsidies [13]. Group 6: Future of Universal Social Insurance - The gradual implementation of universal social insurance is seen as crucial for ensuring sustainable pension systems and adequate retirement income for future generations [16]. - Current pension systems require a minimum of 15 years of contributions, which will increase to 20 years by 2030, highlighting the importance of compliance in securing future benefits [16].
不缴社保需支付补偿,将如何影响企业和劳动者?
Hu Xiu· 2025-08-11 23:33
Core Viewpoint - The Supreme People's Court has issued a judicial interpretation that invalidates agreements between employers and employees to not pay social insurance, reinforcing the legal obligation for employers to provide social insurance benefits to workers [1][3][4]. Group 1: Legal Implications - The new interpretation states that any agreement or promise by an employee to waive social insurance contributions is deemed invalid, and employees can request contract termination and economic compensation if their employer fails to pay social insurance [1][5]. - The interpretation aims to unify legal standards in response to the rising number of labor disputes related to social insurance, competition restrictions, and employee benefits [3][4]. - The interpretation emphasizes that enjoying social insurance benefits is a fundamental right for workers, contributing to social stability and protecting workers from income loss during risks [4][11]. Group 2: Industry Impact - The restaurant and service industries are increasingly relying on part-time workers to avoid the costs associated with full-time employees, including social insurance contributions [2][10]. - The new regulations may pressure employers, particularly small and micro-enterprises, to comply with social insurance laws, potentially leading to adjustments in employment practices [11][12]. - The current social insurance system is perceived as rigid, with compliance challenges for many businesses, especially in light of economic pressures and the need for flexible employment arrangements [12][13]. Group 3: Economic Considerations - The average monthly salary in Beijing is reported at 11,761 yuan, with the minimum social insurance contribution base set at 6,821 yuan for 2024 [9]. - Employers are required to contribute approximately 1,800 yuan monthly for social insurance for each employee, which can deter them from hiring full-time staff [10]. - A significant portion of enterprises (28.4%) reportedly comply fully with social insurance regulations, indicating ongoing challenges in achieving compliance across the industry [12].
理解社保严肃性,实现企业和劳动者共赢
Huan Qiu Shi Bao· 2025-08-11 09:23
Core Points - The Supreme People's Court has issued a new regulation stating that any agreement to not pay social insurance is invalid, requiring companies to fully pay social insurance for employees starting from September 1 of this year [1][3] - The lack of social insurance can lead to significant risks for workers, including inadequate retirement income, high medical costs, and lack of compensation during unemployment or injury [3][4] - Companies that attempt to reduce costs by avoiding social insurance payments face legal risks, including the obligation to pay back all owed social insurance fees along with potential fines and damage to their reputation [3][4] - The widespread failure to pay social insurance undermines the social security system and creates an unfair competitive environment, which can harm overall economic development [4][5] - The government has implemented measures to reduce the burden of social insurance payments on small and micro enterprises, including lowering rates and extending payment deadlines, which have collectively saved companies over 1.8 trillion yuan since 2020 [5][6] - Companies are encouraged to recognize the importance of social insurance for employee retention and team stability, and to explore new models for social insurance contributions that accommodate flexible employment [5][6]
“放弃社保”协议无效,9月新规如何改写劳资博弈?
Hu Xiu· 2025-08-07 10:02
Group 1 - The Supreme Court has clarified that any agreement to not pay social insurance is invalid, allowing workers to terminate their contracts and demand economic compensation from employers [1][5][8] - The new regulation, effective September 1, aims to protect workers' rights and promote social fairness, despite concerns from some workers about reduced take-home pay and increased costs for small businesses [2][9][10] Group 2 - The prevalence of "non-payment" agreements has been noted, particularly among small and emerging businesses seeking to reduce labor costs, which undermines the integrity of the social security system [4][11] - Data shows a steady increase in the number of individuals covered by social insurance over the past five years, indicating a growing compliance with social security regulations [12][13] Group 3 - The new judicial interpretation raises the compliance costs for businesses, compelling them to include social insurance expenses in their operational budgets, which may lead to a shift towards more compliant labor practices [10][15] - There is a need to balance the financial burden on individuals and businesses, as the requirement to pay social insurance may reduce immediate income for workers while increasing operational costs for employers [16][17] Group 4 - Experts suggest that reforms are necessary to optimize the social insurance system, including lowering rates for small businesses and creating more flexible payment mechanisms for individuals [17][18]
热搜第一!事关你的社保
Zhong Guo Ji Jin Bao· 2025-08-05 09:21
Core Viewpoint - The Supreme People's Court has declared that agreements or promises by employees to voluntarily waive social insurance contributions are invalid, effective from September 1, 2023, emphasizing the legal obligation of employers to pay social insurance fees [2][5][6]. Group 1: Legal Changes - The Supreme People's Court issued an interpretation regarding labor dispute cases, stating that any agreement between employers and employees to not pay social insurance fees is invalid [2][5]. - This interpretation aims to address common issues such as subcontracting and non-payment of social insurance, ensuring that laborers' rights to wages and social insurance are protected [5][6]. Group 2: Public Reaction - The announcement has sparked significant public discussion on social media, with many users expressing support for mandatory social insurance contributions, highlighting the importance of social security for workers [3][4]. Group 3: Employer Responsibilities - Employers are now required to fulfill their legal obligation to pay social insurance fees, and failure to do so may result in economic compensation liabilities if employees terminate their contracts due to non-payment [6][9]. - The interpretation also clarifies that employers cannot evade their responsibilities by offering cash substitutes for social insurance [6][9]. Group 4: Case Examples - A typical case highlighted involves an employee who was not provided social insurance despite an agreement to receive cash instead. The court ruled that the employer must pay economic compensation due to the invalidity of the waiver agreement [8][9].
员工在岗受伤后无工伤保险?东莞人社局:参加社保为法定义务
Nan Fang Du Shi Bao· 2025-07-11 09:40
Core Viewpoint - The case highlights a dispute between an employee and the company regarding workplace injury, compensation, and social insurance obligations, with the local labor authority emphasizing the legal responsibilities of employers in providing social insurance and handling work-related injuries [1][14]. Company Summary - The company, Dongguan Zhenhua Fast Food Co., Ltd., claims that the employee, Ms. Cheng, signed an agreement to waive social insurance upon hiring, and they provided her with medical expenses and attempted to accommodate her work situation after her injury [9][10]. - The company asserts that there are no "light" positions available, and all roles require physical labor, which complicates the employee's request for a less demanding job [9]. - The company provided medical expenses totaling 1781.93 yuan to Ms. Cheng, which she confirmed receiving [10]. Industry Summary - The Dongguan Human Resources and Social Security Bureau stated that employers are legally obligated to participate in social insurance and cannot waive this responsibility through agreements with employees [14][15]. - The bureau emphasized that employers must apply for work injury recognition within a specified timeframe and that employees have the right to claim work injury benefits regardless of social insurance status [15]. - The bureau warned employers against neglecting their obligations to provide social insurance, highlighting the importance of protecting employees and mitigating risks associated with workplace injuries [15].