Job Recruitment Website - Social security inquiry - Will the part paid by the social security company belong to individuals in the future?

Will the part paid by the social security company belong to individuals in the future?

Social security undertaken by the company does not belong to personal salary. The social security part does not count as employee income. The proportion of social insurance premiums is generally required to be shared by employees and employers. The part that the company undertakes to pay social security cannot be included in employee income. If the monthly salary of the employee is stated in the contract, which includes the payment of social security, then this is another matter.

Employers must pay social insurance for employees, which is a mandatory obligation in law and a legal obligation of both parties. Both parties in labor relations cannot negotiate flexibility. 1. Employers who fail to pay social security have great legal risks:

Employees can report to the labor inspection at any time and ask the employer to pay, and the result is often repayment within a time limit;

No, the social security paid by the company is not included in the employee's personal salary. According to the proportion of social insurance premiums, employees are generally required to bear part of it, and employers should also bear part of it. The part that the company undertakes to pay social security cannot be included in employee income. One exception is that when employees and employers sign labor contracts, there is a clear agreement. For example, the monthly salary of the employee is stated in the contract, including the payment of social security, which is another matter. The total salary consists of the following six parts:

(1) hourly wages;

(2) piece rate;

(3) bonuses;

(4) Allowances and subsidies;

(5) Overtime pay;

(6) Wages paid under special circumstances.

If the employer fails to pay social insurance premiums for the workers according to law, the workers may terminate the labor contract, and the employer shall also pay economic compensation;

If the employer pays social insurance premiums such as medical treatment and work-related injuries, the corresponding expenses shall be borne by the social security fund once such situations occur during the employment period of the workers. On the other hand, if social security is not paid, it will be borne by the employer in accordance with social security standards.

Legal basis:

"Labor Law" Article 72 Sources of funds Social insurance funds shall determine the sources of funds according to the types of insurance, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law;

Article 73 of the Labor Law stipulates that workers shall enjoy social insurance benefits according to law under the following circumstances: retirement; Sick and injured; Work-related disability or occupational disease; Unemployment; Fertility. After the death of an employee, his survivors shall enjoy the survivors' allowance according to law. The conditions and standards for workers to enjoy social insurance benefits shall be stipulated by laws and regulations. The social insurance benefits enjoyed by workers must be paid in full and on time;

Article 38 of the Labor Contract Law

(3) Under any of the following circumstances, the employee may terminate the labor contract:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) Failing to pay labor remuneration in full and on time; Failing to pay social insurance premiums for workers according to law; The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; Other circumstances under which the laborer may terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance;

Article 46 of the Labor Contract Law

(1) Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.