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Is the social security base of provident fund inconsistent and legal?

Legal analysis

It is not illegal, and the provident fund and social security base do not need to be the same. The monthly deposit of housing provident fund is related to the average salary of the previous year. In addition to the part that the laborer needs to pay, the unit will also pay a part for the laborer according to the prescribed calculation formula. According to relevant regulations, the monthly deposit base of housing provident fund is the average monthly salary of employees in the previous year, and the upper limit of the deposit base of housing provident fund is 5 times. Generally, increasing the social security base means increasing the provident fund, and the calculation of social security base will be calculated according to the wage income of workers. Of course, there are upper and lower limits on the payment base, but the base does not necessarily need to be the same.

legal ground

Regulations on the administration of housing provident fund

Article 16 The monthly deposit amount of employee housing provident fund shall be the average monthly salary of the employee in the previous year multiplied by the deposit ratio of employee housing provident fund. The monthly deposit amount of housing provident fund paid by the unit for employees is the average monthly salary of employees in the previous year multiplied by the proportion of housing provident fund paid by the unit.

Seventeenth new employees began to pay the housing provident fund from the second month of work, and the monthly deposit amount was the employee's own salary multiplied by the employee's housing provident fund deposit ratio. The newly transferred employees of the unit shall pay the housing provident fund from the date when the transferred employees pay their wages, and the monthly deposit amount shall be the employee's monthly salary multiplied by the employee's housing provident fund deposit ratio.

Eighteenth employees and units housing provident fund deposit ratio shall not be less than 5% of the average monthly salary of employees in the previous year, can be appropriately increased. The specific deposit ratio shall be drawn up by the Housing Provident Fund Management Committee and submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval after being audited by the people's governments at the corresponding levels.