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Is it legal for employees to deduct social security after leaving their jobs?
If the employee's resignation is not implemented according to the system, the employer may punish the employee according to the system. However, the employer cannot deduct the employee's salary because the employee violates the system, otherwise the employee has the right to complain to the labor administrative department, and the labor administrative department will deal with the employer according to law. Relevant laws and regulations: Article 91 of the Labor Contract Law of People's Republic of China (PRC) City, if an employer in this city infringes upon the legitimate rights and interests of workers in any of the following circumstances, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may also order it to pay compensation: (1) Deducting or delaying the wages of workers without reason; (2) Refusing to pay overtime wages to laborers; (3) Paying workers' wages below the local minimum wage standard; (4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract.
Legal objectivity:
Article 19 of the Social Insurance Law of People's Republic of China (PRC), if an individual is employed across the overall planning area, his basic old-age insurance relationship will be transferred accordingly, and the payment period will be calculated cumulatively. When an individual reaches the statutory retirement age, the basic pension is calculated in stages and distributed uniformly. Specific measures shall be formulated by the State Council. Article 49 of the Labor Contract Law of People's Republic of China (PRC), the State shall take measures to establish and improve the inter-regional transfer and connection system of workers' social insurance relations.
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