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AsianFin — China’s Supreme People’s Court has ruled that starting Sept. 1, all employers — from large corporations to micro-sized eateries and individual shopkeepers — must enroll workers in the nation’s five mandatory social insurance programs: pension, medical, unemployment, workplace injury and maternity. Any agreements to waive coverage, even if signed by both parties, will be deemed invalid.
The decision enforces the “full coverage” principle across sectors and will particularly reshape the restaurant industry, where informal labor arrangements have long been common. While the move is expected to improve worker protection, it also threatens to squeeze already-thin margins at small dining businesses.
For years, many restaurant owners and staff have shared an unspoken understanding: skip social insurance to keep take-home pay higher and costs lower. This has been especially true among small eateries and street food vendors, where rents, ingredients and wages already create what operators call the “three-high” burden.
Workers — often migrants, middle-aged job seekers or students in part-time roles — have sometimes requested to forgo benefits in exchange for higher monthly pay. High staff turnover reinforced the practice, as many saw little value in accumulating insurance years at a single employer.
That flexibility is over. Under the new guidance, replacing insurance with cash allowances or asking employees to sign “voluntary waiver” statements is illegal. Written or oral agreements will carry no legal effect.
The court also strengthened worker leverage: employees can resign at any time if coverage is not provided, while claiming severance calculated at one month’s pay per year of service.
Attempts to skirt the rules by classifying staff as part-timers or “partners” will face scrutiny. Only those working less than 24 hours a week, or under four hours a day, qualify as legal part-time hires. Partnership arrangements must be genuine, with documented investment and profit-sharing, not fixed salaries disguised as dividends.
Compliance will raise operating costs across the sector. In Guangzhou, a small stir-fry restaurant with six full-time staff will face roughly 6,000 yuan ($825) in extra monthly contributions, the owner estimated. “We’re already barely breaking even. A rainy week could tip us into losses,” he said.
For a Beijing bun shop, the numbers are starker. Based on the city’s 2025 minimum contribution base of 7,353 yuan, the employer portion alone is about 1,950 yuan per worker each month, regardless of actual salary. That’s more than 13,000 yuan for a five-person team — enough to erase monthly profits. The owner plans to lay off staff and rely on unpaid family help until the lease expires.
Industry analysts say the cost burden will be heaviest for micro-operators, who often survive on modest mark-ups and daily cash turnover. Even large chains, while better capitalized, have spotty compliance in their franchise networks, leaving them exposed to lawsuits or back-payment orders.
China’s food-service sector has struggled to hire and retain skilled workers, with high churn among cooks and servers. Owners fear paying into insurance for staff who may quit weeks later, seeing the expense as a sunk cost.
But experts note that insurance can serve as a risk hedge. Without coverage, workplace injuries or accidents can leave employers liable for substantial medical bills, wage compensation and litigation costs. “Paying monthly premiums is like buying a safety net,” said catering industry columnist Zhai Bin. “It’s cheaper than a single serious claim.”
The court’s decision is seen as part of a broader regulatory push to formalize China’s service economy. Analysts expect a “compliance shake-out” that will eliminate marginal players and increase market share for organized, brand-driven chains.
“Escape routes are closing,” Zhai said. “Labor, safety, finance — everything is moving toward full compliance. Operating costs will keep rising.”
In response, some operators are rethinking staffing models. One strategy is greater automation — central kitchens, robotic wok stations, and self-service ordering systems — to cut headcount and reduce exposure to payroll levies. Another is flexible staffing, keeping core roles full-time while outsourcing cleaning or dishwashing to third-party contractors.
For the smallest venues, adaptation may mean negotiating new wage structures with employees to offset the insurance costs, or pivoting to family-run operations to bypass formal payroll entirely.
While painful in the short term, backers argue that mandatory insurance could stabilize the industry. Higher job security and benefits may slow turnover, improve service quality and enhance brand reputations, particularly among urban consumers increasingly attentive to labor standards.
Still, in a fiercely competitive market dominated by discounting, take-out promotions and aggressive price wars, many owners see little room to absorb further costs without raising menu prices — a risky move when diners have abundant low-cost alternatives.
The Supreme People’s Court’s ruling leaves little room for delay or partial measures. As Zhai put it: “The policy is settled. Complaining won’t change it. The only question now is how fast you adapt.”
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