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Is the minimum living security is deducted five insurance and one gold
The minimum subsistence guarantee is the wage payable before deducting five insurance and one pension. The minimum wage includes social security. The cost of social insurance consists of two parts, one is paid by the unit and the other is paid by the individual. Minimum wage standard refers to the minimum labor remuneration that should be paid by the employer in accordance with the law on the premise that the worker has provided normal labor during the legal working hours or the working hours agreed in the labor contract signed by the employer in accordance with the law. In other words, the minimum wage actually includes the social insurance premiums paid by individuals. Whether the social insurance premiums paid by individuals can be included in the minimum wage standard. Therefore, the employer in accordance with the law on behalf of the withholding and payment of social insurance premiums, laborers receive wages are likely to be lower than the local monthly minimum wage standard.
The minimum wage does not refer to the basic wage of an employee, but to the entire income of an employee, including the basic wage. According to the relevant national and provincial regulations, the minimum wage shall include the basic wage (or standard wage), bonuses, and allowances (supplements) of the nature of price compensation issued by the state and provincial and municipal regulations; the minimum wage, the minimum remuneration for labor payable by the employer according to law on the premise that the worker has provided normal labor during the legal working hours or during the working hours agreed upon in the legally signed labor contract; normal labor, the minimum remuneration for labor payable by the employer according to law. refers to the labor performed by a worker during legal working hours or working hours agreed upon in the labor contract signed in accordance with the law. Normal work is deemed to have been performed during the period of state-provided leave such as paid annual leave, family visit leave, marriage and bereavement leave, maternity leave, birth control surgery leave and other leave, as well as during the period of participation in social activities during legal working hours in accordance with the law. The minimum wage standard applies to enterprises, privately-run non-enterprise units, individual industrial and commercial households with employees, and workers with whom labor relations are formed within the territory of the People's Republic of China; it also applies to State organs, institutions, and social organizations, and to workers with whom labor contractual relations are established. Specifically, the minimum wage standard applies only to on-the-job workers; it does not apply to retirees, internally retired workers, workers waiting to be laid off, or laid-off workers.
General conditions for applying for the minimum wage:
1. Residents who belong to the household registration of the place of application, with relevant household registration documents;
2. Residents who have no source of livelihood, are incapable of working and have no legal breadwinner, breadwinner or dependant, and those who have legal breadwinner, breadwinner or dependant, but who are incapable of providing support, breadwinner or support;
3. Monthly household per capita income is lower than the local minimum living standard;
4, released from prison or released from re-education through labor, who have not timely applied for household registration and whose monthly per capita family income is lower than the city's current year's standard for low income in the region;
5, other people who meet the conditions for entitlement to the low income protection treatment.
Conditions for applying for urban subsistence allowance:The three basic conditions for recognizing urban subsistence allowance are the applicant's household registration status, family income and family property; according to China's relevant regulations, the necessary condition for applying for urban subsistence allowance is **** the per capita income of family members living together is lower than the local minimum subsistence allowance standard. The objects of protection are:
1, no source of livelihood, no ability to work, and no fixed breadwinner or supporter;
2, during the period of receiving unemployment benefits or the expiration of the unemployment benefits and still have not been re-employed, the per capita income of the family is lower than the minimum living standard of the residents;
3, the average per capita income of the household of the working people and the laid-off people after receiving the salary, the basic cost of living, as well as the pensioners after receiving the pension. residents whose per capita household income is still below the minimum subsistence level after receiving their pensions.
I hope the above can help you, if you have other questions please consult a professional lawyer.
Legal basis:
Article 15 of the people's government of the civil affairs department of the county level of the people's government does not approve the enjoyment of the minimum subsistence allowance for urban residents, or reduce the issue of the minimum subsistence allowance for urban residents, or give the decision of the administrative punishment, you can apply for an administrative reconsideration according to law; to the reconsideration of the decision is still unsatisfied, you can Administrative proceedings may be instituted in accordance with the law.
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