Job Recruitment Website - Social security inquiry - Is it illegal to deduct personal salary from five insurances?
Is it illegal to deduct personal salary from five insurances?
1, the unit with five insurances and one gold is deducted from the employee's salary. If the deduction is borne by the employee, it is reasonable and legal;
2. If all expenses are borne by employees themselves, it is illegal to deduct them from wages. Employees can complain to the labor department or apply for labor arbitration and ask the unit to return the deducted wages.
3, the basic old-age insurance, basic medical insurance, unemployment insurance and housing provident fund, should be paid by units and individual workers according to their respective proportions; Work injury insurance and maternity insurance are paid by the unit, and individual employees do not bear the insurance premium.
The payment of five insurances and one gold is as follows:
1, five insurances and one gold are paid by the employer for the employee, and the corresponding amount is deducted from his salary;
2. Within 30 days from the date of employment, the employer needs to go through the registration procedures such as social security registration and provident fund deposit for the workers, and then pay and remit five insurances and one gold for them in time.
The payment of five insurances and one gold is as follows:
1, five insurances and one gold are paid by the employer for the employee, and the corresponding amount is deducted from his salary;
2. Within 30 days from the date of employment, the employer needs to go through the registration procedures such as social security registration and provident fund deposit for the workers, and then pay and remit five insurances and one gold for them in time.
It is legal for social security to be deducted from wages.
The part that the individual should bear needs to be deducted from the salary.
Under any of the following circumstances, the employer may withhold the wages of the workers:
(1) Personal income tax withheld and remitted by the employer;
(2) The social insurance premium withheld and remitted by the employer and borne by the employee;
(3) The alimony and maintenance expenses required to be withheld by the court's judgment or ruling;
(four) other expenses that can be deducted from the wages of workers as stipulated by laws and regulations.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 4
Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights records, and require social insurance agencies to provide social insurance consultation and other related services.
Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.
Article 10
Employees shall participate in the basic old-age insurance, and the employer and employees shall jointly pay the basic old-age insurance premium.
Individual industrial and commercial households without employees, part-time employees who have not participated in the basic old-age insurance in the employer and other flexible employees can participate in the basic old-age insurance, and individuals pay the basic old-age insurance premium.
The measures for the endowment insurance of civil servants and staff managed by reference to the Civil Service Law shall be formulated by the State Council.
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