What happens when the declared salary of social security is less than the actual salary?

The declared social security salary is less than the actual salary, which has great influence on both employers and workers.

First, for workers, the base for paying social security is less than the actual salary, which means that employers should pay less, and the various insurance benefits that workers should enjoy will be greatly reduced. The most obvious ones are pension insurance and maternity insurance, that is, their pension and maternity reimbursement expenses are greatly reduced.

Workers can go to the Social Security Bureau to complain, and the Social Security Bureau will order the employer to compensate. Laborers may also terminate their labor contracts and demand economic compensation. For employers, failing to pay social security in full for employees violates the labor law and will face administrative punishment.

Two, for the employer, the employer fails to pay social insurance premiums in full and on time, the social insurance fee 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.

Extended data:

Legal liability:

1, 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.

2. If the employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be handled in accordance with the provisions of the Labor Contract Law of People's Republic of China (PRC).

3. If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be charged on a daily basis; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.

4, social insurance agencies and medical institutions, pharmaceutical trading units and other social insurance service institutions by fraud, forged documents or other means to defraud the social insurance fund expenditure, by the administrative department of social insurance shall be ordered to return the social insurance money defrauded, and impose a fine of more than two times and less than five 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.

5. Anyone who defrauds social insurance benefits by fraud, forged documents or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and a fine of not less than two times but not more than five times the amount defrauded shall be imposed.

6, social insurance agencies and their staff have one of the following acts, the social insurance administrative department shall order it to make corrections; If losses are caused to social insurance funds, employers or individuals, they shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

7, social insurance fee collection agencies arbitrarily change the social insurance premium payment base, rate, resulting in underpayment or overpayment of social insurance premiums, by the relevant administrative departments shall be ordered to recover the social insurance premiums that should be paid or refund the social insurance premiums that should not be paid; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

8, in violation of the provisions of this law, conceal, transfer, embezzlement, misappropriation of social insurance funds or illegal investment and operation, by the social insurance administrative departments, financial departments, audit institutions shall be ordered to recover; Illegal income, confiscate the illegal income; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

9. If the social insurance administrative department and other relevant administrative departments, social insurance agencies, social insurance premium collection agencies and their staff disclose the employer and personal information, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If losses are caused to the employing unit or individual, it shall be liable for compensation.

10. State functionaries who abuse their powers, neglect their duties or engage in malpractices for selfish ends in the management and supervision of social insurance shall be punished according to law.

1 1. Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.

Baidu Encyclopedia-People's Republic of China (PRC) Social Insurance Law

Baidu encyclopedia-social insurance