Is it illegal for the company not to pay social security according to the actual salary?

1. Is it illegal for the company not to pay social security according to the actual salary?

1. It is illegal for an enterprise not to pay social security according to the actual salary. If the enterprise fails to pay social security for its employees, the social insurance administrative department shall first order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other responsible personnel shall be fined between 500 yuan and 3,000 yuan.

2. Legal basis: Article 84 of People's Republic of China (PRC) Social Insurance Law.

If the employer fails to apply for social insurance registration, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined more than one time and less than three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined more than 500 yuan and less than 3,000 yuan.

Article 87

Social insurance agencies, medical institutions, pharmaceutical trading units and other social insurance service institutions defraud social insurance fund expenditures by fraud, forgery of certification materials or other means, and the social insurance administrative department shall order them to return the defrauded social insurance money and impose a fine of more than 2 times and less than 5 times the amount defrauded; If it belongs to a social insurance service institution, the service agreement shall be terminated; If the directly responsible person in charge and other directly responsible personnel are qualified, their qualifications shall be revoked according to law.

2. What if the company fails to pay social security according to the actual salary?

1, you can negotiate with the unit first to let them repay according to normal procedures, and at the same time clarify the interests and the burden when being punished;

2. If negotiation fails, you can go to labor arbitration until you bring a lawsuit to the court, but pay attention to the limitation of action;

3 can also report to the labor inspection brigade at the same time.