Is it legal to stipulate that social security is included in the salary in the labor contract?

Legal analysis: the basic salary includes social security individual contributions, but does not include unit contributions. It is wrong to deduct the part paid by the unit from the salary. If negotiation fails, you can apply for arbitration.

Legal basis: People's Republic of China (PRC) Labor Contract Law.

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 To establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 36 The employing unit and the employee may terminate the labor contract through consultation.