Job Recruitment Website - Social security inquiry - Is it illegal to pay social security according to the minimum wage?
Is it illegal to pay social security according to the minimum wage?
Legal analysis: As the case may be, it is legal if the employer declares in accordance with the regulations. The labor administrative department can audit the social security payment of the unit, and if there are illegal acts, it shall be ordered to make corrections. Those who refuse to make corrections may be punished according to law. If the employer fails to declare the amount of social insurance premiums that should be paid according to the regulations, the amount that should be paid shall be determined according to 1 10% of the amount paid by the unit last month; After the payment unit completes the declaration procedures, the social insurance fee collection agency shall make settlement in accordance with the provisions.
Legal basis: Article 30 of the Labor Contract Law of People's Republic of China (PRC) * * * The employing unit shall pay the laborer's labor remuneration in full and on time in accordance with the stipulations of the labor contract and the provisions of the state.
If the employer is in arrears or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order according to law, and the people's court shall issue a payment order according to law.
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