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9月1日起,“不缴社保”约定无效!最新司法解释护航劳动者权益
21世纪经济报道· 2025-08-13 12:22
Core Viewpoint - The new judicial interpretation by the Supreme People's Court invalidates any agreements to avoid social insurance payments, impacting both employers and employees in the labor market [1][2]. Group 1: Legal Changes and Implications - The Supreme People's Court's interpretation states that any form of agreement to not pay social insurance is invalid, meaning that even if both parties agree, the law will not recognize such arrangements [1]. - Employers who previously engaged in "social insurance evasion" must now pay back social insurance fees, and they can request reimbursement from employees after making the payments [1][2]. Group 2: Market Impact - The prevalence of "social insurance evasion" has been common, particularly among small and medium-sized enterprises looking to reduce costs, and among workers in industries with high turnover, such as delivery and catering [2]. - The new regulation may initially disrupt the competitiveness of cost-sensitive small and medium-sized enterprises, but it will create a fairer competitive environment for compliant businesses [2][3]. Group 3: Long-term Benefits - The judicial interpretation is expected to strengthen the protection of vulnerable groups, particularly those who might forgo social insurance for immediate cash benefits, addressing the long-term issue of lack of social security in old age [2][3]. - It promotes a more regulated labor environment and encourages businesses to optimize management and incorporate social insurance costs into their operational budgets, ultimately fostering a talent dividend in the market [3].