Units can pay social security in accordance with the minimum contribution base is the official response to this

In daily life, many companies in order to save labor costs, will choose to pay social security to employees in accordance with the minimum contribution base, this behavior is compliant? Follow the editor to see it.

Can the unit pay the social security in accordance with the minimum contribution base?

This practice is not legal. According to the provisions of the document "on the standardization of social insurance contribution base related issues notice", the employee's social security contribution base is generally based on the employee's average monthly salary in the previous year (or personal last month's salary) to determine, the higher the employee's salary, the higher the social security contribution base will be.

Simply understood, when the employee's previous year's average monthly salary is higher than the minimum social security contribution base, the organization should pay social security according to the employee's previous year's average monthly salary. Generally speaking, the higher the employee's salary, the higher the social security contribution base, of course, shall not exceed the upper limit of the social security contribution base. In particular, the upper limit of the social security contribution base shall not be higher than 300% of the local average social wage.

In addition, the provisions of the provinces and cities are different, some provinces and cities provide the company in accordance with the minimum contribution base to the employee to pay social security, the employee is required to pay economic compensation after leaving. Therefore, when the employee company in accordance with the minimum contribution base to pay social security, the employee can consult the local social security institutions, to see how the local regulations, whether there is a corresponding compensation policy.

As an example, the Shenzhen Municipal Government stipulates that if the employer fails to pay the social insurance premiums for the workers according to law, the workers should ask the employer to pay according to law, and if the employer fails to pay the premiums according to law within one month from the date of the worker's request, the worker has the right to terminate the labor contract, and the employer should pay the economic compensation, but the years of payment of the economic compensation should be counted from 1 January 2008 onwards.