社保补贴

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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].
“全民强制缴纳社保”系误读,真相是这样
2 1 Shi Ji Jing Ji Bao Dao· 2025-08-19 08:55
21世纪经济报道记者王峰北京报道 8月1日,最高人民法院发布《最高人民法院关于审理劳动争议案件 适用法律问题的解释(二)》(下称《解释二》),其中的第十九条"一石激起千层浪"。 《解释二》第十九条规定:用人单位与劳动者约定或者劳动者向用人单位承诺无需缴纳社会保险费的, 人民法院应认定该约定或承诺无效。用人单位未依法缴纳社会保险费,劳动者根据劳动合同法第三十八 条第三项规定请求解除劳动合同、由用人单位支付经济补偿的,人民法院依法予以支持。 简而言之,就是劳动者与用人单位约定或同意不缴社保,法院也会认定无效;如果用人单位未依法缴纳 社保,劳动者离职时要求支付补偿,打官司会胜诉。 这条规定"约定豁免社保"无效的司法解释被迅速误读为"全民强制缴纳社保"。近日,麦当劳、环球影城 等企业招聘退休人员的消息,再次引发对企业社保负担的讨论。 实际上,缴纳社保是用人单位和劳动者的法定义务。《解释二》并没有创造"全民强制缴纳社保"的新政 策,而是强调用人单位与劳动者不缴纳社保的约定违法。 统一裁判标准 《解释二》将于9月1日起实施。最高法在发布司法解释的同时,也发布了一则典型案例。 2022年7月,朱某入职某保安公司,双方约定公 ...
新就业动能加速形成,多举措提振企业用人信心
2 1 Shi Ji Jing Ji Bao Dao· 2025-07-15 15:11
Employment Situation - The national urban survey unemployment rate averaged 5.2% in the first half of the year, a decrease of 0.1 percentage points from the first quarter, indicating overall stability in the employment situation [1] - In June, the urban survey unemployment rate was 5.0%, remaining stable both year-on-year and month-on-month, reflecting a steady employment landscape [1] - The unemployment rate for local registered labor was 5.1%, up 0.1 percentage points from the same period last year, while the rate for migrant labor was 4.8%, unchanged from last year but down 0.2 percentage points from the previous month [1] Policy Measures - The State Council issued a notification with 19 policy measures aimed at stabilizing employment, enterprises, markets, and expectations to promote high-quality economic development [1][3] - The notification includes social insurance subsidies for small and medium-sized enterprises that sign contracts with key groups, covering 25% of individual contributions for one year [3] - A proposal was made to provide insurance subsidies for youth aged 21-26, potentially benefiting 67 million people annually and a total of 340 million over five years [3] Job Market Trends - Traditional industries such as real estate, internet, and finance have seen a reduction in job openings, while new employment drivers are emerging in modern services and new industries [2] - The human-shaped robot industry experienced a 409% increase in job openings, with significant growth also noted in new materials, pet services, and smart hardware sectors [2] - Experts noted that despite fluctuations due to U.S. tariff policies, China's economy has shown resilience and continued stable growth [2] Youth Employment and Consumption - High-quality employment is expected to stimulate consumer spending, particularly among youth, who are significant contributors to consumption demand [4] - Social insurance subsidies can enhance disposable income for youth and improve their employment expectations, thereby boosting consumer confidence and reducing conservative savings [5]
专家:提升就业质量要构建更系统的就业-产业-教育协同框架
Xin Hua Cai Jing· 2025-07-15 14:19
Group 1 - The core viewpoint of the articles emphasizes the need to enhance employment quality and address youth employment issues in the context of a highly uncertain international economic environment [1][2] - Experts at the employment analysis meeting noted that while the urban employment market remains stable, there is a growing disparity in employment experiences among different demographics, with traditional sectors like internet finance and real estate contracting, while new sectors such as elderly care and artificial intelligence are yet to fully realize their employment potential [1] - The committee suggests that improving employment quality requires leveraging market mechanisms, where a labor supply-demand imbalance would compel companies to enhance employment conditions, thus raising overall employment quality [1] Group 2 - The primary issue regarding youth employment is not a lack of overall labor demand, but rather an insufficient supply of high-quality job opportunities for recent graduates, indicating that enhancing job quality for businesses can facilitate full employment [2] - Recommendations include the central government issuing special bonds to provide social insurance subsidies for youth aged 21-26, covering both formal and informal employment, potentially benefiting 67 million people annually and a total of 340 million over five years [2] - The proposed social insurance subsidies are expected to reduce employment quality disparities, enhance the recognition of the flexibility and innovation of the private economy, and create approximately 3.4 million jobs annually if the saved social insurance contributions are reinvested [2]