Is it legal to pay social security according to the minimum standard?

It is legal in some cases, but the specific situation needs to be determined according to relevant laws, regulations and specific policies.

First, the basic provisions of social security contributions

According to "People's Republic of China (PRC) Social Insurance Law" and relevant regulations, the employer shall register social insurance for employees and pay social insurance premiums in accordance with the prescribed proportion and standards. Individual workers should also pay social insurance premiums on a monthly basis. These expenses usually include pension insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance.

Second, the minimum standard payment situation

1. operational difficulties: under some special circumstances, such as operational difficulties or bankruptcy, the government may issue relevant policies to allow enterprises to pay social security fees for employees according to the minimum standards, so as to reduce the burden on enterprises.

2. Voluntary choice of employees: employees in some areas can voluntarily choose to pay social security fees according to the minimum standard. This usually happens when employees' personal income is low and they want to reduce their personal burden. However, it should be noted that this choice may affect the future social security benefits of employees.

Three. Legitimacy and risk

Whether it is legal to pay social security according to the minimum standard needs to be judged according to specific laws, regulations and policies. In some cases, it may be legal to pay according to the minimum standard, but in other cases it may constitute an illegal act. Therefore, employers and employees should fully understand relevant laws, regulations and policies when paying social security fees to ensure compliance.

In addition, although paying social security according to the minimum standard in the short term may reduce the burden on enterprises and employees, in the long run, it may affect the social security benefits and rights of employees. Therefore, when deciding whether to pay social security according to the minimum living standard, we need to weigh the pros and cons and make a careful decision.

To sum up:

Paying social security according to the minimum standard may be legal under certain circumstances, but whether it is legal or not needs to be judged according to relevant laws, regulations and policies. Employers and employees should fully understand the relevant regulations when paying social security fees, ensure compliance, weigh the pros and cons, and make a careful decision.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 12 stipulates:

The employing unit shall pay the basic old-age insurance premium according to the proportion of the total wages of its employees stipulated by the state, and record it in the basic old-age insurance pooling fund. Employees shall pay the basic old-age insurance premium in accordance with the proportion of wages stipulated by the state and record it in their personal accounts.

Article 20 provides that:

The state establishes and improves the new rural social endowment insurance system. The new rural social endowment insurance combines individual contributions, collective subsidies and government subsidies.

People's Republic of China (PRC) labor contract law

Article 38 provides that:

If the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract.