Is it illegal for a company to pay social insurance in this way?

Your situation may or may not be illegal.

First of all, social security contributions are not based on the salary level of the current year, but according to the previous year, 60% of the average monthly salary, which is paid in proportion. If the income of the previous year was 0 or less than the minimum base, then this year the company can pay the minimum standard as the base, which is reasonable and there is no loophole.

Secondly, the company really did not pay social security in accordance with the regulations, according to the actual situation, pay less social security, you can ask the company to do things according to the regulations, if you ask the company to give economic compensation for this reason, it is very likely to counter-recruit the unit's lawsuit, in the name of extortion.

Finally, the state does not pay social security for employees, in addition to the relatively strict investigation, there are no very strict measures for the underpayment of social security, it can also be said that stay in words. If the enterprise has a certain interest relationship with **, then it is even more troublesome. This interest is most prevalent even if the enterprise is taxed, the enterprise pays the tax, and the company gets some preferential treatment after completing the performance.

If you have questions about social security and medical insurance, you can log in to the local social security bureau and health bureau, or go to the social security bureau and health bureau in person to understand and consult relevant policies, regulations, knowledge and problems.

The responses there should be the most authoritative, comprehensive, and accurate.

Good luck!

Legal analysis: The employer shall apply to the social insurance agency for social insurance registration for its employees within 30 days from the date of employment. It is illegal for the company not to pay social security within 30 days from the date of employment.

Legal basis: Article 58 of the Social Insurance Law of the People's Republic of China An employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay.

Individually-owned businesses without employees who voluntarily participate in social insurance, part-time employees who do not participate in social insurance at the employer, and other flexibly employed persons shall apply to the social insurance agency for social insurance registration.

The State shall establish a nationwide unified personal social security number. The personal society fan will protect the state of the coarse spike number is the citizenship number.

Legal analysis: If the employer does not pay wages or social insurance, it can file a complaint with the labor inspection brigade with the labor contract, work certificate and other evidence materials, and request back wages and social security, or apply for labor arbitration with the labor arbitration commission.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal Analysis: The law gives the employee the right to terminate the labor contract immediately without written notice or prior notice if the employer fails to pay social insurance premiums for the employee in accordance with the law. In addition, the employer shall also pay severance to the employee, and if the severance is not paid, it shall also pay twice the severance payment.

Legal basis: Labor Contract Law of the People's Republic of China Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations.

If the employer forces the employee to work by means of violence, threat or illegal restriction of personal freedom, or if the employer violates rules and regulations and orders the employee to perform risky work and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Summary. It is not legal, the labor law stipulates that any company must buy social insurance for its employees, and it is illegal not to do so.

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It is not legal, the labor law stipulates that any company must buy social insurance for its employees, and it is illegal not to do so.

If you work for an insurance company and the company does not purchase social security, you can file a complaint with the Labor Bureau.

Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. It is the obligation of the employer to participate in social insurance and pay social insurance premiums, and it is also the right and obligation of the employee. A part of the social insurance premiums paid by employers and workers should be deposited for social pooling.

Failure to pay social insurance will harm the public interest.

If the employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the social insurance premiums within a time limit or make up for the full amount of the social insurance premiums. If the employer fails to pay the social insurance premiums within the time limit, or makes up the social insurance premiums, the social insurance premium collection agency may inquire about its deposit account with banks and other financial institutions. They may also 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 opening banks or other financial institutions in writing to allocate social insurance premiums.

Legal basisLaw of the People's Republic of China on Social Insurance Leakage

Article 4. Employers and individuals within the territory of the People's Republic of China who pay social insurance premiums in accordance with the law have the right to inquire about payment records and records of individual rights and interests, and to request social insurance agencies to provide social insurance consultation and other related services.

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