If the labor contract is inconsistent with the social security, it is legal as long as it is paid by the unit normally. The general principles for employers to pay social insurance are as follows:
1. The employing unit shall, within 30 days from the date of its establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal;
2, the employer's social insurance registration items change or the employer is terminated according to law, it shall, within thirty days from the date of change or termination, to the social insurance agency for change or cancellation of social insurance registration;
3. The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. Without social insurance registration, the social insurance agency shall verify the social insurance premium it should pay;
4. The employer shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure;
5. If the employer fails to declare the amount of social insurance premiums that should be paid according to regulations, the amount that should be paid shall be determined according to 1 10% of the amount paid by the employer last month. After the payer completes the declaration formalities, the social insurance fee collection agency shall settle the account according to the regulations.
legal ground
People's Republic of China (PRC) (China) Labor Contract Law
Article 36 The employing unit and the employee may terminate the labor contract through consultation. Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law. Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.