The monthly salary in Shenzhen is 1000 yuan, and the social security is paid according to the minimum wage of 2,200 yuan. Can you get it back from the company?

However, the social security law will not be implemented until July, 20 1 1. Before the promulgation of the Social Security Law, the important guiding spirit followed by all parts of the country was the State Council (1997) No.26, namely the Decision of the State Council on Establishing a Unified Basic Old-age Insurance System for Enterprise Employees. According to the spirit of this document, enterprises generally cannot pay the basic old-age insurance benefits. The proportion of individual contributions shall be no less than 4% of my contribution salary at 1997, and shall increase by 1 percentage point every two years from 1998, reaching 8% of my contribution salary. This is a preliminary requirement for the proportion of enterprises and individuals. Naturally, the specific payment base and proportion are determined by the provincial people's government.

Article 12 of the Social Security Law requires that the employer shall pay the basic old-age insurance premium in proportion to the total wages of its employees as stipulated by the state and record it in the old-age insurance fund; Employees shall pay the basic old-age insurance premium in accordance with the proportion of their wages stipulated by the state and record it in their personal accounts. According to the relevant provisions of the Social Security Law, self-payment is based on personal actual income.

According to the Interim Measures for the Management of Individual Accounts of Employees' Basic Old-age Insurance issued by the former Ministry of Labor, namely, Lao Ban Fa [1997]16, the average monthly salary of employees in the previous year is generally used as the base of individual contributions, and the average monthly salary is included in the calculation of an item of employee salary statistical analysis according to the requirements of the National Bureau of Statistics, including wages, bonuses, subsidies and other benefits. If my average monthly salary is lower than 60% of the local social salary, I will pay 60% of the average monthly salary of local employees; If it exceeds 300% of the average monthly salary of local employees, it shall be paid according to 300% of the average monthly salary of local employees, and the excess part shall not be included in the base of payment salary, and shall not be included in the amount of pension.

Although this document is the relevant regulation of the former Ministry of Labor, it was gradually implemented on June 1 998 65438+1October1day. It is also a relatively complete official document for establishing individual accounts since the implementation of China's old-age insurance policy, and it is also the oldest relevant regulation of individual contribution base, and it has not been abolished so far. Many provinces, including Shenzhen, have stipulated the payment base of old-age service insurance in accordance with the interpretation spirit stipulated in this document.

According to the Regulations on Social Development Endowment Insurance for Employees in Shenzhen Free Trade Zone, the social endowment insurance is based on the monthly salary of enterprise employees. If the monthly salary of employees is higher than 300% of the average monthly salary of employees in the previous year, it shall be calculated as 300% of the average monthly salary of employees in the previous year. When the actual income of registered employees in Shenzhen is lower than 60% of the average monthly salary of employees in the previous year, 60% of the average monthly salary of employees in the previous year will be used as the deposit base; The wages paid by employees who are not registered in this city cannot be lower than the local monthly minimum wage.

On 20 19, the General Office of the State Council issued the Notice on the Comprehensive Plan for Reducing the Social Insurance Rate, which stipulated that the calculation standard of the average wage of the employed population should be adjusted from 20 19 May/0/day, and all provinces and cities should calculate the average income of the employed population in full-caliber urban units according to the average income of the employed population in urban non-private units and the average income of the employed population in urban private units, and approve the upper and lower limits of individuals to improve the current deposit base policy of self-employed and freelancers. Self-employed and freelancers can participate in the basic old-age insurance for enterprise employees, and can choose an appropriate payment base between 60% and 300% of the average income of employees in full-caliber urban units in this province.

We can extract so many opinions from some needs. First, the deposit base of social endowment insurance is based on personal actual income; Second, their actual income includes wages, bonuses, subsidies, allowances and other benefits, not simply standard wages, not local minimum monthly wages; Third, the upper and lower limits of social endowment insurance are calculated according to the monthly salary standard of employees in the previous year published locally, so this monthly salary standard of employees on the job is based on the full-caliber statistical analysis of the monthly salary standard of employees, not the semi-caliber statistical analysis of the monthly salary standard of employees, not the minimum monthly salary standard; Four, the minimum compensation limit of 60%, the maximum compensation limit of 300%. If the minimum payment limit is below 60%, it should be illegal.

According to the above norms, it seems that although it is stated in the Regulations on Social Development Pension Insurance for Employees in Shenzhen that non-Shenzhen registered employees cannot be lower than the local minimum monthly wage, this statement is also necessary, that is, employees on the job should take their actual income as payment wages, and only when their actual income is lower than the minimum monthly wage in Shenzhen can they pay according to the minimum monthly wage requirements.

Many enterprises in Shenzhen pay endowment insurance according to the minimum monthly salary of 2200 yuan for migrant workers whose registered permanent residence is not in Shenzhen, which is a misinterpretation of the actual provisions of social and social endowment insurance for enterprise employees in Shenzhen Special Zone. Using the standardized requirement that the minimum payment of non-Shenzhen registered employees is not lower than the local minimum monthly wage as the payment base of social endowment insurance for non-Shenzhen registered employees, the ultimate overall goal is to pay less 20% of the endowment insurance premiums that enterprises need to pay. It will not only reduce the income of Shenzhen's overall fund, but also cause damage to employees who are not registered in Shenzhen, so that employees' future pension insurance will be at the lowest level.

Generally speaking, according to the regulations on social endowment insurance for enterprise employees in Shenzhen Special Economic Zone, your monthly salary is 1000 yuan, which is not only lower than 300% of the average monthly salary of employees in last year, but also higher than the minimum monthly salary of 2,200 yuan in Shenzhen. The payment of 2,200 yuan by the enterprise violates both the Social Security Law and the relevant provisions of the Regulations of Shenzhen Special Economic Zone on Social Endowment Insurance. Therefore, after you resign, as long as the time does not exceed 2 years, that is, within a timely period, you can report to the relevant social security agencies in Shenzhen, or you can apply for arbitration, and stipulate that the enterprise should pay back according to your actual monthly income 10000 yuan, which is completely legal and compliant, and is your right of control created by the social security law.