The Court of Justice: a claim for insurance premiums must be based on a legal and realistic salary.
The general composition of this court, in examining the objection of the 29 judges of the court against the decision of the Specialized Council for Insurance, Labor and National Insurance, found that it is contrary to the law and canceled the application of the amendment to the circular of the National Insurance Institute in cases where the insurance premiums are not based on the salary received.
Based on this decision, the mere change of the employee's position alone does not change the salary and creates a new financial obligation for the employer; Because the right to receive a salary that corresponds to a job title does not necessarily mean that the employer will pay this salary.
In cases where the employer is obligated to pay a specific wage according to law, including jobs included in a job classification plan, a fixed wage subject to section 35 of the National Insurance Law and a minimum wage approved by the competent authorities, the employer will be responsible for paying the difference in insurance premiums in relation to the legal wage.
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