Is it illegal to pay social security according to the minimum wage in Shanghai?

Legally, social security payment is generally based on my salary income of more than one year.

According to Article 4 of the Social Insurance Law:

Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights records, and require social insurance agencies to provide social insurance consultation and other related services.

Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

Article 10:

Employees shall participate in the basic old-age insurance, and the employer and employees shall jointly pay the basic old-age insurance premium.

Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.

Extended data:

Related cases:

Wang's unit pays social insurance for him according to the minimum wage standard. Mr. Wang first applied to the Labor Arbitration Committee for arbitration. On the grounds that the unit only paid him medical and social insurance according to the minimum wage standard, he proposed to terminate the labor relationship and asked the employer to pay economic compensation.

Unexpectedly, the arbitration commission rejected the application. After the arbitration application was rejected, a lawsuit was brought to the court, and the court also ruled that the lawsuit was rejected.

According to Article 38 of the Labor Contract Law, if the employer fails to pay social insurance for the employee according to law, the employee may terminate the contract; At the same time, you can also advocate economic compensation. Units do not pay social insurance for employees, and individuals can get economic compensation if they propose to terminate the labor contract.

In Mr. Wang's case, the employer paid social insurance according to the minimum wage, but the employer did not pay social insurance in full. This does not mean that employees did not pay social insurance for their employees, so Mr. Wang only asked the company to pay social insurance.

According to the law, employers should pay social insurance in full, complain to the labor administrative department or social security agencies, and safeguard their social security rights and interests. Therefore, the practice of the arbitration commission and the court is correct and does not favor the employer.

Baidu Encyclopedia-Social Insurance Law