Is it legal for the unit to pay social security according to salary?The news about social security and work-related injuries is not credible!Let's have a look!
Can the unit pay social security according to salary?
Paying social security according to the payment standard seems to be the hidden rule of many enterprises.Recently, the Ministry of human resources and social security clearly pointed out that: This is illegal!
Photo from: wechat, Chinese Social Security Magazine
First, according to Notice on issues related to standardizing the payment base of social insurance It is stipulated in the document  No. 60 issued by the labor and social insurance center that the social security payment base of the employees is generally determined according to the average monthly wage of the previous year (or the salary of the individual last month), The higher the wages of employees, the higher the social security payment base will be.
At the same time, the documents also set the ceiling and wood floor for the payment base, specifically:
Lower limit: If the payment base is lower than the payment base stipulated by various localities (60% of the local social average wage), social security shall be paid according to the payment base;
upper limit: If the payment base is higher than the payment base stipulated by various localities (300% of the local social average wage), social security shall be paid according to the payment base.
If you need to view the social average wage and salary summary table of each region, you can scan the QR code below to view and download the full version Summary document of urban social average wage, wage and social security payment base in 2020
Therefore, the wage standard is only the social security payment limit stipulated by law, not the payment base. It is illegal to pay social security according to this standard.
Social security payment is related to the benefits of the insured after retirement. Only when the payment level is reached can the better treatment level be achieved. If the payment level is too low, the pension level is still low. In other words, the level of payment should be increased with the increase of average wage, and the level of treatment in the future will also be improved.
Of course, for enterprises, The increase of social security payment base may have some impact on social security burden, so many enterprises pay according to the base.
The country is clear!
Unit pays social security like this, illegal!
In addition to the unit according to the base to pay employees social security is illegal, the following six social security payment mistakes, enterprises and individuals should also avoid!Otherwise, the consequences may be serious!
Misunderstanding 1: employees can voluntarily give up social security
"Labor law", "social insurance law", "Provisional Regulations on collection and payment of social insurance premiums" and other laws and regulations clearly stipulate that participation in social insurance and payment of social insurance premium are mandatory provisions set by law for employers and workers, and employers shall apply for social security registration for their employees within 30 days from the date of employment.
Therefore, no matter what method and address the employing unit adopts, and no matter how to agree with the laborer, as long as the social insurance premium is not paid for the laborer according to law, it is an illegal act.
Photo source: China News microblog
Mistake 2: do not pay social security during probation period
"Social insurance law" clearly stipulates that employers should apply for social security registration for their employees within 30 days from the date of employment.For those who fail to register for social insurance, the social insurance agency shall check and approve the social insurance premium to be paid.
Therefore, enterprises must pay social security for employees during the probation period.
Misunderstanding 3: do not sign a contract, do not have to pay social security
In practice, some employers refuse to pay social security for their employees on the ground that they have not signed a labor contract. However, the determination of labor relations does not only depend on a contract. As long as there is sufficient evidence to prove the existence of labor relations between individuals and units, social security must be paid!
The specific regulations are shown in the following figure:
Photo source: Official Website of the Ministry of human resources and social security
Misunderstanding 4: falling on the way to and from work is a work-related injury
According to the provisions of Article 14 of the regulations on work related injury insurance, those who receive traffic accidents or urban rail transit, passenger ferry or train accidents that are not their main responsibility on the way to and from work can be identified as work-related injuries.
In other words, three conditions need to be met at the same time to be regarded as work-related injury
① On the way to work at a reasonable time and on a reasonable route;
② The injury is caused by "traffic accident or urban rail transit, passenger ferry, train accident";
③ The accident must be "not the main responsibility of the person".
In addition, according to the provisions of Article 33 of the regulations on industrial injury insurance, if an employee needs to suspend his work to receive industrial injury medical treatment due to accident injury or occupational disease at work, the original wages and benefits shall remain unchanged during the period of suspension of work and pay by the unit to which he belongs.
Misunderstanding 5: units must pay social security for legal representatives
First of all, the legal representative is the person responsible for exercising civil rights and performing civil obligations on behalf of the company.The legal representative is a natural person. Whether the company can handle the basic endowment insurance payment for the legal representative depends on whether the legal representative and the company constitute a labor relationship.
When the company's legal representative (also known as legal representative) and the company constitute a labor relationship, they should participate in the basic endowment insurance for employees according to law.
When there is no labor relationship between the company's legal representative and the company, according to the social insurance law, it does not belong to the compulsory insured object of social insurance.
To sum up, whether it is necessary to pay social security to the legal representative depends on whether there are labor relations.
Misunderstanding 6: we can entrust other units to pay social security
It is almost an alternative way for many unemployed friends to attach social security to other companies or find a talent resource service company to pay for social security.However, it is very unreliable to pay social security in this way.
Most of the social security agencies in the market are in a gray area. The so-called "affiliation" of social security is actually to make up labor relations and then cheat insurance.
"Social insurance law" clearly stipulates: social insurance registration shall be subject to territorial management, and the unit of opening an account and paying fees shall be the "employing unit", that is, the employer that establishes labor relations with workers, and entrusts a third party to pay social insurance for employees is illegal.
Social security can be cut off in large or small ways. In three months, if you find a new job, you can continue to pay social security, and social security benefits will not be affected.But once you find a company to be affiliated or pay social security, this problem can be serious.
In the future, social security information networking is also the general trend. Even in many areas, information interconnection has begun.If it is found, the relevant departments will record it in your social credit investigation, which will affect the loan to buy a house, the children's further education, and the settlement of points.
These 10 kinds of people can not pay social security!
As an enterprise, we have the obligation to pay social security for every employee!In the environment of social security tax, in 2021, enterprises that do not pay social security to employees according to regulations will face a series of risks and may bring serious consequences.
However, the following 9 categories of people, units can not pay social security!
1. The dispatched workers do not have to pay social security
2. Retired employees do not have to pay social security
3. There is no need to pay social security for interns
4. No social security is required for those who are not paid
5. There is no need to pay social security for the co insurance personnel
6. Part time employees do not have to pay social security
7. Self employed enterprises are exempted from paying social insurance for outsourcing business
8. Part time employment is exempted from social security
9. Flexible employees are exempted from social security