Company lowers social security payment standard

Company lowers social security payment standard

A dispute case caused by insufficient payment of social insurance has exposed the "hidden rules" of some enterprises to lower the social security payment standard for employees privately. Chongqing No.1 Intermediate People's Court concluded a case in which the company involved failed to pay social security fees according to the actual salary level of its employees, and decided to pay them economic compensation of 1.9 million yuan according to law.

Lu, who lives in Changshou District of Chongqing, entered a real estate development company in Changshou District after graduation. Two years later, Lu was promoted to the manager of the company's human resources department, with a monthly salary of 3,000 yuan. The joy of promotion has not faded, but Lu found an annoyance. In the labor contract she signed with the company, the provisions on social security and welfare actually stipulated that Lu Chao's pension, unemployment, work injury and maternity insurance should be insured according to the minimum enrollment base 1.350 yuan/month stipulated by the Social Insurance Bureau of Changshou District, and the medical insurance should be insured according to the minimum enrollment base/month stipulated by the Social Insurance Bureau of Changshou District (the social insurance payment base is adjusted with the policy every year).

My salary is obviously 3000 yuan. Why pay insurance according to the minimum insurance base? It turns out that this is the "hidden rule" of the company. All employees pay social insurance according to the minimum insurance base regardless of their salary. For such a "overlord clause", other employees submit to humiliation, but Lu doesn't want to keep silent. Lu brought a lawsuit to the People's Court of Changshou District, Chongqing, demanding that the labor contract be terminated with the company and that the company pay the corresponding economic compensation. The People's Court of Changshou District made a first-instance judgment, supported Lu's appeal, and sentenced the real estate development company to pay economic compensation of 6.5438+0.9 million yuan. The company refused to accept the judgment and appealed to Chongqing No.1 Intermediate People's Court.

After the trial, Chongqing No.1 Intermediate People's Court held that it is the employer's obligation to pay social insurance for employees. The agreement between Lu Chao and a real estate company on changing the social security payment standard in the labor contract violates the Labor Law and the Provisions on the Collection and Payment of Social Security, which is an invalid clause and has no legal effect. The company fails to pay social security fees according to the actual wage level in Lu Chao, which is a case of failing to pay social insurance premiums for workers according to law, and should pay economic compensation to workers.

Accordingly, Chongqing No.1 Intermediate People's Court recently made a second-instance judgment according to law: dismissed the appeal and upheld the original judgment.