The social security payment base does not match the actual salary. Is it legal?

Social security payment base and actual salary are illegal, as follows:

1, in fact, many enterprises have not followed this theory. Instead, it adopts a relatively low total salary, which leads to the inconsistency between the two now. Strictly speaking, this is definitely risky;

2. Paying social security according to the minimum standard and paying social security according to the actual salary has no impact on maternity, work injury and unemployment insurance, but has an impact on medical insurance and endowment insurance. Take the most commonly used medical insurance as an example. If the unit reports less and pays less, the expenses in the corresponding medical insurance card will be less. Because the proportion of personal accounts per month is about 3% of paid wages, if the unit underreports wages 1000 yuan, then the amount of personal accounts per month will be reduced by 30 yuan, and there will be less 360 yuan in one year.

Legal basis: Article 64 of People's Republic of China (PRC) Social Insurance Law.

Social insurance funds include basic endowment insurance fund, basic medical insurance fund, industrial injury insurance fund, unemployment insurance fund and maternity insurance fund. In addition to the basic medical insurance fund and maternity insurance fund combined accounting, other social insurance funds are accounted for separately according to social insurance types. Social insurance funds implement a unified accounting system throughout the country.

The social insurance fund is earmarked for special purposes, and no organization or individual may occupy or misappropriate it.

The basic old-age insurance fund will gradually implement national overall planning, and other social insurance funds will gradually implement provincial overall planning. The specific time and steps shall be stipulated by the State Council.