If the social security payment base is lower than the actual income, the unit shall pay social security according to the minimum base. How to deal with it?

Today, I will analyze the knowledge points of endowment insurance payment base with you, and at the same time analyze how to deal with similar things with two actual cases!

First, the payment base

The insured's social security payment base generally has three situations:

The first one is to take the monthly average of my total salary income (including allowances and bonuses) in the previous year as the monthly payment base of this year, and limit the payment base to 60% to 300% of my social salary.

The second is the new employee who just joined the company. Taking the full salary in the first month of employment as the payment base, due to the lack of financial support such as performance and bonus, the base is low.

The third type is flexible employees, who can freely choose to pay within the range of 60% to 300% of social wages!

Second, what is the impact of low base salary?

The payment base of social security determines the amount of fees that the payer needs to pay, as well as the welfare enjoyment of the on-the-job personnel, and most importantly, the pension after retirement.

However, in order to reduce the cost of employment, many units often choose to pay according to 60% of social wages, rather than according to the average wage of employees.

Some people may think that the social security base is low, the individual contribution is low, and the salary is high (many people in my unit think so! ), very good!

In fact, the reduction of the payment base has a great impact on employees!

First, the monthly income of medical insurance personal account is linked to the payment base. The lower the base, the lower the personal account income.

For example, the employee payment base is changed from 2,000 yuan to 1000 yuan, and the personal account amount is calculated at 2%, reducing 20 yuan and 240 yuan for one year.

The second is industrial injury insurance. When an employee is injured at work, one-time disability allowance and various allowances are calculated according to the payment base.

For example, for the last work-related injury, all kinds of compensation are calculated according to the payment base, and if the base is low, there will be less natural compensation.

Third, the old-age insurance has a low base, which leads to less money entering the personal account, and the pension received by the personal account after retirement is low; If the base is low, the average monthly payment index of individuals will be low, and the basic pension received by the overall account after retirement will be low!

Three. Industrial injury insurance case

Zhang Moumou pays social security for Zhang Moumou according to the minimum wage. Zhang Moumou was in a car accident on his way to work.

When the Social Security Center settled claims, Zhang Moumou realized that the base of social security payment was low, and the compensation for work-related injuries in Zhang Moumou was low. Therefore, Zhang Moumou sued the court and demanded that the unit compensate the economic losses caused by Zhang Moumou.

The court ruled that the prosecution was dismissed!

Why can't we sue?

On the one hand, arbitration precedent (the specific content of which can be analyzed by professionals) is the most important provision of the Social Security Law.

The legal provisions involved involve Articles 63 and 86 of the Social Insurance Law and Article 27 of the Labor Security Supervision Regulations.

Simply put, if the unit fails to pay social security in full, the social security collection department shall order it to pay or make up within a time limit.

If the unit pays back the money, Zhang Moumou has no loss and the difference is made up. Therefore, the court's approach is correct, and the court cannot judge the unit to make up the difference!

Fourthly, retirement prosecution cases.

Li has been working in a certain unit. When he retired, he discovered that the unit paid the fee according to the minimum standard.

Li Moumou therefore applied for labor dispute arbitration, and the labor arbitration department refused to accept it. Li Moumou sued the court.

In the end, the court ruled that the unit compensated Li Social Security for the loss of benefits!

Please note:

When you go to court to sue, you must sue for economic losses, not for social security payment. Social security payment belongs to the power and responsibility of the collection department, not the judgment of the court!