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How to deduct the employee's vacation social security?

How to deduct social security when taking leave in the company

During the contract period, if the employee asks for leave with the consent of the unit, the employee only needs to pay the personal part of the insurance, and does not need to bear the part that the unit should bear.

How many days off? Self-funded social security.

Vacation has nothing to do with social security expenditure, but in reality many units will have similar regulations. Please read carefully when signing the labor contract. Providing social security for employees is a legal obligation of the company and cannot be cancelled due to reasons such as leave. As long as you are at work, the unit has the obligation to help you pay social security. During the existence of labor relations, the unit shall pay social insurance normally, and the social insurance expenses shall be shared by the unit and the employee himself.

During the contract period, if the company agrees to take a vacation, it only needs to pay part of the personal insurance and does not need to bear part of the company's insurance.

According to the provisions of the Social Insurance Law of People's Republic of China (PRC), the monthly social security fee paid by workers consists of two parts: one part is paid by the employer, and the other part is borne by the workers. Part of the employee is deducted from the employee's monthly salary by the employer and paid.

The social security expenses that the employer shall bear shall stipulate the legal risks existing during the personal leave. The reason is:

1. Paying social insurance for workers is a legal obligation that employers should perform and cannot be reduced by agreement.

2. The employer shall not approve the employee's personal leave or stipulate that the employee will not be paid during the personal leave. However, the reasons why employees do not provide labor and pay social security for employees are not sufficient and have no legal basis.

3. If the labor contract is terminated due to legal circumstances, the employer shall not pay labor remuneration and stop paying social insurance premiums. In addition, during the existence of labor relations, there is no other stipulation that units cannot pay social insurance premiums. Obviously, employees shall not terminate their personal leave related to the labor contract for any reason. In this regard, it is unreasonable for the unit to require employees to bear social security expenses during the personal leave.

The expenses borne by the laborer himself shall be deducted from the salary by the employer without violating the law. This part of the cost should have been borne by the workers. Because the laborer did not provide free labor, it was actually the employer who paid the social security fee for the laborer. The employer has the right to deduct the latter's wages and remuneration. However, it should be noted that the monthly deduction shall not exceed 20% of the employee's salary in that month, and shall not be lower than the minimum wage standard in that month.