Can an employee waive China social insurance?

A waiver does not replace the statutory obligation

Article 19 of SPC Interpretation (II) on Labor Disputes, Fa Shi [2025] No. 12, provides that an agreement not to pay social insurance contributions, or an employee’s unilateral undertaking to that effect, is invalid. The interpretation took effect on 1 September 2025.

Non-payment may affect termination compensation

Under Article 19, where an employer fails to make social insurance contributions as required by law, the court supports an employee’s claim to terminate under Article 38(1)(3) of the Labor Contract Law and receive economic compensation.

Review the employment relationship, the nature and period of any shortfall, the termination grounds and the chronology. A social insurance dispute should not automatically be converted into an unsupported damages calculation.

Review back payments and allowances separately

In the circumstances addressed by Article 19, after the employer makes the required back payments, the court supports a claim for the return of social-insurance compensation already paid to the employee. Establish what the payment was for and retain proof of both payment and subsequent contributions.

Do not assume that ordinary wages or every allowance can be reclaimed. Contribution-collection issues and employment termination or compensation claims may involve different procedures.

A practical employer review

Match the actual workforce against contribution records. Identify disputed months, waiver documents, cash allowances, complaints and any termination notice. Use those facts to assess corrective steps and communications with employees, rather than asking for another waiver.