Can the insufficiency of social insurance payment base be traced back to the compensation liability of enterprises?

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It is necessary for enterprise employees not to pay their wages according to their actual income (average salary at the end of last year) when they join the insurance. In practice, most enterprises pay social security to employees according to the local minimum payment base, as in the case. Social security bureau is also not allowed, so is the operation of enterprises, and most employees are so acquiescent. As far as the enterprise is concerned, it is legal if the employee agrees and the social security department recognizes it. Now employees require enterprises to participate in insurance according to actual wages, and do not complain to the labor department. Enterprises can only implement according to employees' complaints, otherwise employees can only make decisions according to laws and regulations, or they should participate in insurance according to actual income.

There are two main reasons:

1) Enterprises should control their own costs; Controlling labor costs is the basic requirement of every boss for the human resources department. Of course, the leaders of enterprises will first evaluate the risk level. If the risk is high, they should also resolutely enforce laws and regulations. If the risk level is very low, of course they have to shield it. If they win, they will make a profit. If they lose, they lose. Generally speaking, there are many labor-intensive enterprises. Because of the large number of employees, the overall income of employees is low, and the overall legal concept of employees is slightly weak, and some employees are unwilling to pay too much social security fees. By the way, many companies are doing this.

2) Employees are unwilling to pay social security according to their actual income; In labor-intensive enterprises, 80% employees are unwilling to participate in insurance according to their actual income, and a considerable number of employees are unwilling to participate in insurance. The reason is well known. Older employees think that they will return to their hometown after working for a few years, and the social security must be paid for 15 years before they can receive old-age insurance. For people at this level, they think that it will take a long time to pay 15 years, and it will be safer to leave money in your pocket. Young workers think that retirement time is too long, and they really don't know what will happen to the social security policy after retirement. Employees' own concerns have not been lifted, and all employees are forced to participate in insurance, which has brought great trouble to HR's work.

The enterprise does not fully participate in the insurance according to the actual income of the employees (in general, the average salary of the old employees for more than one year is the base, and the actual income of the new employees is the base). The risks are as follows for reference:

1) Compensation standard in case of industrial accidents; If an enterprise fails to purchase social insurance for its employees according to their actual income, once a work-related injury occurs, the enterprise shall pay corresponding compensation according to the average salary of the employees before the work-related injury 12 months, and make up the difference paid by the social security bureau. In fact, this item is not a risk. Enterprises should also pay if they are insured according to the actual income of employees. Relatively speaking, from this analysis alone, the enterprise is still profitable.

2) Close to the requirements of retirees or on-the-job employees; For employees who are about to retire, they will generally consult relevant professional departments before retirement. When they know that their insurance payment base is implemented according to the local minimum basic wage, the amount of old-age insurance after retirement will be less, and they will lodge a complaint or ask the enterprise to make up the difference, including the requirements of on-the-job employees, and the enterprise will bear the risk of making up part of the difference. In particular, some enterprises have not fully participated in the old-age insurance, and employees who retire temporarily (that is, reach retirement age after three to five years) must participate in the insurance.

3) the recovery of resigned personnel; According to labor-related laws and regulations, the time limit for arbitration of labor disputes is one year. This means that employees who find that their rights and interests have been infringed within one year after leaving the company can file labor arbitration with the labor department where the employer is located, and ask the enterprise to bear part of the infringed rights. If the employer fails to pay social security according to the actual income of the laborer, the laborer has the right to pay it back. But in general, employees have few requirements. It is understood that in actual labor disputes, cases of filing such complaints are not common. Because enterprises constitute the part that enterprises should bear, employees also need to bear their own part. According to the administrative punishment law, the retrospective limitation is two years, which means that employees have the right to sue within two years after leaving their jobs. Therefore, when evaluating risks, enterprises should take employees who have left their jobs for two years as the evaluation objects.

4) Supervision by social security department; If the enterprise is fully insured according to the lowest social security payment base at that time, the social security department will not let you pass directly during the audit unless the enterprise is divided into several grades. A few years ago, our company was also insured by this standard, but it was cancelled five years ago, and then it can only be carried out in earnest. According to the notice of the social security department in recent months, enterprises must insure the elderly in full, not with the minimum payment base. This is the notice we received a few months ago, and the nearby enterprises are adjusting the payment base. Social security departments will also go to enterprises for verification from time to time, so it is a trend that social security will become more and more strict and standardized. Of course, at the time of the initial investigation, the social security department will issue a correction order and then make improvements within a time limit, otherwise it will face punishment.

5) Requirements for customer's factory inspection; There are two gods in the enterprise, one is the employee and the other is the customer. Employees create value for the enterprise; Customers bring value to enterprises. Therefore, both of them must be valued by enterprises and placed in the same important position. No one can live without enterprises. Customers will also pay attention to employees' social security when auditing enterprises, but here, in general, as long as enterprises buy social security for employees, they will not specifically require insurance according to employees' actual income. However, some factory inspectors require compliance with laws and regulations, and enterprises can make their own assessments.

Social insurance is a very complicated issue, which involves two points: first, the problem that employees have not paid social insurance during their work or for a period of time; Second, the social security payment base is based on the minimum base rather than the actual salary. Such a policy involving every employee and every enterprise, whether it is the social insurance administrative department or the court, the relevant government departments are very cautious. At present, the law enforcement environment is that the business involving social insurance is managed by the labor inspection brigade of the social insurance administrative department, and neither arbitration nor court will accept it. The labor inspection brigade generally adopts mediation to reduce the shock of social security disputes to the whole society.

The risk and present situation of insufficient payment

When employers realize the full coverage of social insurance for all workers, the biggest problem is that the social insurance payment base is generally based on the minimum base rather than the actual salary. Although this is a common phenomenon, the risk of paying social security according to the minimum base is obvious, and there are usually two kinds of risks:

The first point: the laborer terminates the contract on the grounds of Item 3 of Article 38 of the Labor Contract Law, and demands economic compensation (failure to pay social security in full and on time or pay labor remuneration has become the two trump cards for the laborer to be forced to terminate the labor contract).

At present, there is a dispute about the understanding of this law, that is, is insufficient payment applicable? Strictly speaking, paying social insurance premiums according to law means paying five insurances (pension, work injury, maternity, unemployment and medical insurance) and paying them in full (according to the total wages of employees).