Is it illegal for labor law not to pay social insurance premiums according to actual wages?

According to relevant laws and regulations, employers must pay social insurance premiums in full and on time, so it is illegal for employers to pay social insurance according to actual wages.

Legal analysis

It is the legal obligation of the employer to pay social insurance premiums for workers according to law. However, the declaration, examination and collection of social insurance premiums are often complicated in practice. According to the relevant laws and regulations, the purpose is to urge employers to fulfill their basic obligations in good faith, and the behavior of employers who violate good faith and cause employees to resign is the object of legislative regulation. Therefore, if the employer fails to establish a social security account for the employee due to subjective malice and fails to fulfill the obligation to pay social insurance premiums, and the employee proposes to terminate the labor contract and request economic compensation on the grounds that the employer fails to pay social insurance premiums according to relevant laws and regulations, it should be supported. Other non-employer unilateral reasons lead to insufficient social insurance payment period, or failure to pay in full, or failure to participate in personal insurance. And workers can complain and report to social security agencies or labor administrative departments to safeguard social security rights and interests. In this case, if the laborer terminates the labor contract on this ground and claims to pay economic compensation, it is generally not supported. The Social Insurance Law stipulates that employees' actual wages in the previous year shall be taken as the payment base, and insurance shall be paid according to the proportion stipulated by the state. Therefore, enterprises can be required to repay.

legal ground

People's Republic of China (PRC) social insurance law

Article 60 The employing unit shall declare on its own and pay social insurance premiums in full and on time. Except for legal reasons such as force majeure, the payment shall not be postponed or reduced. The social insurance premiums that employees should pay shall be withheld and remitted by the employer, and the employer shall inform me of the details of paying social insurance premiums on a monthly basis. Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employing units and other flexible employees can pay social insurance premiums directly to the social insurance premium collection agencies.

Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.