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Can the company not pay social security for employees according to their actual wages?
Legal basis: People's Republic of China (PRC) Labor Law.
Article 18 If the standard agreement on labor remuneration and working conditions in a labor contract is unclear and causes disputes, the employer and the employee may re-negotiate; If negotiation fails, the provisions of the collective contract shall apply.
If there is no collective contract or there is no agreed labor remuneration in the collective contract, equal pay for equal work shall be implemented; If there is no collective contract or the collective contract does not stipulate working conditions and other standards, it shall be implemented in accordance with relevant state regulations.
Article 20 The wages of workers during the probation period shall not be lower than 80% of the minimum wage of the same position in the unit or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.
Article 31 The employing unit shall strictly implement the labor quota standards, and shall not force laborers to work overtime or in disguised form. Where the employing unit arranges overtime work, it shall pay overtime wages to the workers in accordance with the relevant provisions of the state.
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