Job Recruitment Website - Social security inquiry - Can the salary 1w be paid the minimum social security?
Can the salary 1w be paid the minimum social security?
Employers should pay social insurance premiums according to the actual salary level of employees, not just the minimum wage. If the unit pays social security according to the minimum wage standard, this practice is illegal. According to the provisions of Article 30 of the Labor Contract Law of People's Republic of China (PRC), the employing unit has the obligation to pay the laborer labor remuneration in full and on time in accordance with the labor contract and state regulations, and pay social insurance premiums in accordance with the regulations. If the unit fails to declare the social insurance premiums that should be paid according to the regulations, the labor administrative department may order it to make corrections and may punish it according to law. Therefore, even if the employee's salary is 6,543,800 yuan, the employer can't just pay the minimum social security, but should pay the corresponding social security fee according to the employee's actual salary.
Social security contribution ratio:
1, social security payment base: usually refers to 60% to 300% of the average monthly salary of employees in the previous year;
2. Unit contribution ratio: Different regions and different types of social security have different unit contribution ratios;
3. Individual contribution ratio: the social security fees that individuals need to pay vary according to different regions and types of social security;
4. Upper and lower limit of payment: the social security payment base has a minimum and maximum limit, which affects the payment amount of individuals and units;
5. Payment items: Social security includes endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance. The contribution ratio of each insurance is different.
To sum up, the employer must pay social insurance premiums according to the actual wage level of employees rather than the minimum wage standard, because paying social insurance premiums according to the minimum wage standard violates the provisions of Article 30 of the Labor Contract Law of People's Republic of China (PRC), which is not only illegal, but also faces legal responsibilities and corresponding penalties once it is discovered by the labor administrative department. Even if the employee's monthly salary is 6,543,800 yuan, the social insurance premium should be paid in full according to the actual salary.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 12
The employing unit shall pay the basic old-age insurance premium according to the proportion of the total wages of its employees stipulated by the state, and record it in the basic old-age insurance pooling fund.
Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts.
Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employing unit and other flexible employees who have participated in the basic old-age insurance shall pay the basic old-age insurance premiums in accordance with state regulations and record them in the basic old-age insurance pooling fund and individual accounts respectively.
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