Is it illegal for a company to fail to pay insurance on the basis of actual wages and contractual wages?

Lawful.

According to Article 4 of the Social Insurance Law:

Employers and individuals in the People's Republic of China*** and the State pay social insurance premiums in accordance with the law, and have the right to inquire about the record of contributions, individual rights and interests, and to request that the social insurance agency to provide social insurance advice and other related services.

Individuals enjoy social insurance benefits in accordance with the law, and have the right to supervise the payment of contributions for them by their own units.

Article 10:

Employees shall participate in basic old-age insurance, and the employing unit and the employee*** shall pay the basic old-age insurance premiums together.

Individual industrial and commercial households without employees, part-time employees who have not participated in basic pension insurance with their employing units, and other flexibly employed persons may participate in basic pension insurance and pay basic pension insurance premiums by themselves.

Expanded information:

Related cases:

Wang's unit is the minimum wage to pay his social insurance, Mr. Wang first to the labor arbitration Committee to apply for arbitration, to the unit only according to the minimum wage guarantee to pay him medical social security, belonging to the underpayment of social insurance for the reason that the termination of the labor relationship, and require the employer to pay economic compensation.

Unexpectedly, the arbitration committee rejected the application. After the arbitration application was rejected, a lawsuit was filed with the court, and the court also ruled to reject the lawsuit.

According to Article 38 of the Labor Contract Law, if the employer fails to pay social insurance for the workers in accordance with the law, the workers can terminate the contract; they can also claim economic compensation. The unit does not pay social insurance for the employee, the individual proposed to terminate the labor contract is to get economic compensation.

Like Mr. Wang's case, the unit in accordance with the minimum wage to pay social insurance, only the employer does not pay the full amount of social insurance, not the employees do not pay social insurance, so Mr. Wang can only ask the company to make up for the social insurance.

And according to the law, the employer is required to pay the full amount of social insurance, you should report to the labor administrative department or social security agency complaints to maintain their social security rights and interests. So the arbitration committee and the court is correct, and did not favor the employer.

Baidu Encyclopedia - Social Insurance Law