龙某于2018年9月10日入职该公司，双方签订了期限至2020年9月9日的劳动合同，期满后未再续签书面 合同，龙某于2024年7月26日离职。双方就离职原因、劳动关系性质及经济补偿等问题产生争议。 龙某向乌鲁木齐市天山区人民法院提起诉讼，请求确认2021年9月10日后双方存在无固定期限劳动合 同，确认该公司解除劳动关系违法，并要求支付违法解除劳动合同赔偿金89293.92元等相关事项。该公 司也提起诉讼，请求法院判令其无须支付经济补偿金等费用。 （来源：工人日报） 本报讯 （记者吴铎思 通讯员肖君）近日，新疆维吾尔自治区乌鲁木齐市中级人民法院就一起劳动争议 上诉案作出终审判决。二审法院经审理，部分支持劳动者龙某的上诉请求，认定乌鲁木齐某公司应支付 其解除劳动关系经济补偿金共计44646.96元，并对一审判决的其他事项予以维持或调整。 龙某与公司均提起上诉。龙某主张系公司违法解除，并提交了微信、钉钉聊天记录作为证据。公司则主 张龙某系自行离职。法院认为，龙某提交的聊天记录不足以证明公司违法解除，该公司也未能提供充分 证据证明是龙某主动提出的辞职。二审法院认定，应视为由用人单位提出，经协商一致解除劳动关系。 根据 ...

Core Viewpoint - The Supreme People's Court has issued an interpretation regarding labor dispute cases, emphasizing that any agreement to not pay social insurance is invalid, thereby protecting workers' rights and ensuring compliance with social insurance laws [1][4][8]. Summary by Sections Legal Obligations - Both employers and employees are legally obligated to participate in social insurance. Any agreement to waive this obligation is deemed invalid [1][4]. - The interpretation will take effect on September 1, and employers must comply to avoid penalties [4]. Economic Compensation - Employers are required to pay economic compensation if an employee terminates their contract due to the employer's failure to pay social insurance [2][8]. - The compensation is calculated as one month's salary for each year of service, with a half-month's salary for less than six months of service [3]. Risks for Employers - Employers who evade social insurance payments face risks, including forced collection and the obligation to pay back compensation if an employee resigns [13][14]. - The interpretation aims to compel employers to fulfill their social insurance obligations, thereby reducing their operational risks [2][10]. Employee Rights - Employees who discover that their employer is not paying social insurance can request enforcement from social insurance authorities [2][16]. - Employees should be vigilant about their social insurance contributions and can seek compensation if their employer fails to comply [16]. Case Example - A case involving an employee who signed a waiver to not pay social insurance was ruled invalid by the court, reinforcing that such agreements violate legal requirements [6][8]. - The court supported the employee's claim for economic compensation due to the employer's non-compliance with social insurance laws [8].

Core Viewpoint - The Supreme People's Court has issued a judicial interpretation to clarify the legal standards for labor dispute cases, particularly regarding social insurance, effective from September 1, aiming to protect workers' rights and ensure compliance by employers [1][2]. Group 1: Legal Obligations and Interpretations - Participation in social insurance is a legal obligation for both employers and employees, and any agreement to not pay social insurance is deemed invalid [1][2]. - If an employee terminates their contract due to the employer's failure to pay social insurance, the court will support the employee's claim for economic compensation [1][2]. - The compensation rule states that for each year of employment, one month’s salary is to be paid as compensation, and for less than six months, half a month’s salary is applicable [1]. Group 2: Implications for Employers - Employers who pay social insurance fees as allowances instead of through proper channels can be required to return those payments after being ordered to make back payments [2]. - The interpretation encourages employers to comply with social insurance laws, thereby protecting workers' rights and reducing employment risks [2][6]. - Employers failing to pay social insurance not only face the risk of forced back payments but also must pay economic compensation if an employee terminates their contract [6]. Group 3: Risks for Employees - Employees who voluntarily forgo social insurance for immediate financial benefits risk losing long-term protections such as medical, unemployment, and pension benefits [5][6]. - The lack of social insurance can lead to significant financial burdens for employees in cases of illness, unemployment, or retirement [5][6]. - Employees are advised to monitor their social insurance contributions and can request audits or compensation if discrepancies are found [7].