Is it illegal for a company to fail to pay social security according to the actual wage

Unlawful. According to the provisions of the relevant laws of our country, not according to the actual wage payment of social security is an illegal behavior, depending on the social insurance is not paid in full, the social insurance collection agency can be ordered to pay or make up the full. The employer has to pay for the social insurance for the workers, and in real life some employers are in the payment of social insurance, there are certain problems, not according to the actual wages to pay social security is an illegal behavior, depending on the full payment of social insurance, the social insurance collection agency can order the payment of a limited period of time or make up for the full.

What is the social insurance fund

1, the social insurance fund mainly contains five categories, respectively: the basic pension insurance fund, the basic medical insurance fund, industrial injury insurance fund, unemployment insurance fund and maternity insurance fund.

2. With the exception of the basic medical insurance fund and the maternity insurance fund, which are combined and accounted for together, all other social insurance funds are accounted for separately according to the type of social insurance. The social insurance fund implements the national unified accounting system. Social insurance funds shall be earmarked for specific purposes and shall not be allowed to be appropriated or misappropriated in any form by any organization or individual.

3. The sources of China's social insurance fund can be broadly divided into four areas:

(1) insurance premiums paid by participants as a percentage of their wage income (or the average wage of employees, if their wage income is not ascertainable);

(2) insurance premiums paid by the participant's employer as a percentage of the unit's total wage bill;

( (iii) government financial subsidies to the social insurance fund;

(iv) bank interest or investment returns on the social insurance fund and social donations.

Legal Basis:

The Social Insurance Law of the People's Republic of China

Article 60 Employers shall declare and pay the social insurance premiums on their own, in full and on time, and shall not suspend or reduce the payment except for force majeure and other legal reasons. The social insurance premiums to be paid by employees shall be withheld and paid on behalf of the employer, and the employer shall inform the individual of the details of the payment of social insurance premiums on a monthly basis. Individual industrial and commercial households without employees, part-time workers who do not participate in social insurance with their employers, and other flexibly employed persons may pay social insurance premiums directly to the social insurance premium collection organization.

Article 86 If an employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums within a certain period of time or to make up the full amount of social insurance premiums, and shall impose a late fee of five ten thousandths of one percent of the total amount of social insurance premiums on the employer on a daily basis from the date of non-payment.