Are Social Security Deductions From Paychecks Legal

It is legal for social security to be deducted from your paycheck.

Social insurance is a social security system set up by the state to protect the basic living needs of citizens in case of birth, old age, sickness, death, disability and unemployment. In labor relations, employers are obliged to pay social insurance fees for their employees, and employees are obliged to pay their own social insurance fees as required. Therefore, the deduction of social security costs from wages is in accordance with the law.

I. Purpose and significance of the social security system

Social insurance system is an important part of China's social security system, which aims to safeguard the basic needs of citizens' life through the sharing of risks among the state, enterprises and individuals***. The implementation of the social security system is conducive to maintaining social stability, promoting social equity and improving people's living standards.

Second, the payment of social security costs

In China, the payment of social security costs using the principle of enterprises and individuals **** the same burden. Enterprises in accordance with the prescribed proportion of employees to pay social insurance costs, employees also need to be in accordance with the prescribed proportion of their wages deducted from the corresponding social security costs. This way of payment reflects both the social responsibility of the enterprise and the personal responsibility of the employee.

Third, the legality of social security deductions from wages

According to the relevant provisions of the Social Insurance Law of the People's Republic of China, the employer shall pay the social insurance costs in accordance with the proportion of the total wages of the employees of the unit as stipulated by the state, and the employees shall pay the social insurance costs in accordance with the proportion of their own wages as stipulated by the state. Therefore, from a legal point of view, social security deductions from wages are legal.

In addition, the deduction of social security expenses is strictly regulated. When employers deduct social security expenses, they must do so in accordance with the proportion stipulated by the state, and cannot increase or decrease them arbitrarily. At the same time, employees also have the right to know their own social security payments, and employers should regularly publish details of social security payments to employees.

Four, the protection of employees' rights and interests

In the process of social security deductions from wages, the rights and interests of employees are fully protected. On the one hand, the law stipulates the proportion and manner of payment of social security fees, ensuring that the legitimate rights and interests of employees are not infringed upon; on the other hand, employees also have the right to monitor the employer's social security payments, and if they find that the employer has violated the law, they can complain and report the case to the relevant departments.

In summary:

Social security deductions from wages are legal, which is in line with the provisions of China's social insurance law, but also reflects the principle that enterprises and employees **** the same social insurance responsibility. In the process of social security costs, the rights and interests of employees are fully protected, but also help to maintain social stability and fairness.

Legal basis:

The Social Insurance Law of the People's Republic of China

Article 10 stipulates:

Employees shall take part in basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance, and maternity insurance, and shall be required to pay basic old-age insurance premiums, basic medical insurance premiums, and unemployment insurance premiums by the employing unit and the employees in accordance with the state regulations***. insurance premiums.

Article 12 stipulates:

The employer shall pay the basic pension insurance premiums in accordance with the proportion of the total wages of the employees of the employer as stipulated by the State, which shall be credited to the Basic Pension Insurance Coordination Fund. Employees shall pay basic pension insurance premiums in the proportion of their own wages as prescribed by the State and credit them to their individual accounts.

Article 60 stipulates:

Employers shall self-declare and pay social insurance premiums in full and on time, and shall not defer or reduce payment except for force majeure or other legal reasons. The social insurance premiums to be paid by employees shall be withheld and paid by the employer on behalf of the employee, and the employer shall inform the employee of the details of the payment of social insurance premiums on a monthly basis.