Is it illegal to count the social security base as the year-end bonus?

It is illegal to count the social security base as the year-end bonus.

According to the regulations of the state, employees should take their average monthly salary in the previous year as the base of the payment of wages in this year, and the average monthly salary should be included in the calculation of total wages according to the regulations of the National Bureau of Statistics, including wages, bonuses, allowances, subsidies and other income. Therefore, my average monthly salary last year was generalized salary, and the year-end bonus should also be included in the social security base. If the unit fails to include the year-end bonus in the social security base, it may be ordered by the social security audit to pay it back.

The characteristics of social security are as follows:

1. The objective basis of social insurance is the risks existing in the labor field, and the object of insurance is the individual workers;

2. The subject of social insurance is specific. Including workers and employers;

3. Social insurance is compulsory;

4. The purpose of social insurance is to maintain the reproduction of labor force;

The insurance fund comes from the contributions and financial support of employers and workers. Insurance coverage is limited to employees, excluding other social members. The insurance coverage is limited to all kinds of risks in labor risks, excluding other risks such as property and economy.

To sum up, enterprises should incorporate the year-end bonus into the social security payment base according to law to ensure that the social security rights and interests of the insured are not affected. If you encounter similar problems at work, you can consult the local social security bureau to learn more about relevant laws and policies.

Legal basis:

Article 1 of People's Republic of China (PRC) Social Insurance Law

In order to standardize the social insurance relationship, safeguard the legitimate rights and interests of citizens to participate in social insurance and enjoy social insurance benefits, enable citizens to enjoy the fruits of development and promote social harmony and stability, this Law is formulated in accordance with the Constitution.

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The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, so as to guarantee citizens' right to receive material assistance from the state and society in accordance with the law when they are old, sick, injured, unemployed and have children.