Is it illegal to pay social security according to the minimum base?

It is not illegal to use the local minimum wage as the base of social security payment.

If the employee's monthly income is lower than the lower limit of the local social security payment base (generally 60% or 40% of the local social security salary in the previous year, and the local standards are not uniform), the social security fee shall be paid according to the lower limit of the social security payment base. For example, if the employee's monthly salary is 2,000 yuan and the local social security payment base is 3,000 yuan, then the social security fee to be paid will be calculated according to the payment standard of 3,000 yuan. Payment amount = payment base * payment proportion.

However, if the employee's monthly income is between the upper and lower limits of the local social security payment base, social security should be paid according to the actual income as the payment base. In this case, it is illegal for the employer to pay social security according to the minimum standard or discount standard.

Social insurance refers to a social and economic system that provides income or compensation for people who lose their ability to work, are temporarily unemployed or suffer losses due to health reasons. The main items of social insurance include endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance. The social insurance plan is organized by the government, forcing a certain group to use part of its income as social insurance tax (fee) to form a social insurance fund. Under certain conditions, the insured can get fixed income or loss compensation from the fund. It is a redistribution system, and its goal is to ensure the reproduction of material and labor and social stability.

Legal basis:

Article 63 of China's Social Insurance Law stipulates that if the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums.

If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.