Is it legal to deduct social security from wages?

Social insurance is paid jointly by the unit and the individual employee. The individual bears the individual employee's part, which is deducted from your salary, and the unit's part is borne by the unit.

1. Can the social security payable by the individual undertaker be deducted?

The social insurance premium that the employer shall bear shall not be deducted from the wages of the workers.

According to Article 72 of the Labor Law and the Social Insurance Law, employers and workers must participate in social insurance and pay social insurance premiums in Ghana according to law. The employer shall pay in accordance with the applicable proportion of the total wages of all employees, which shall be borne by the unit; Individual workers shall pay according to the applicable proportion of their wages, and the part of individual workers' contributions shall be withheld and remitted by the employer.

Therefore, the social insurance premium borne by the employer shall not be deducted from the employee's salary, but only from the employee's personal contribution.

Second, is it the same for flexible employees to participate in employee pension insurance and social security?

1, different types of insurance.

On-the-job employees: Social insurance for on-the-job employees includes endowment insurance, industrial injury insurance, unemployment insurance, medical insurance and maternity insurance.

Flexible employees: Generally, they only participate in endowment insurance and medical insurance, and some areas can participate in unemployment insurance.

2. Different payment bases

On-the-job employees: based on my average monthly salary in the previous year.

Flexible employees: the payment base is 40%- 100% of the average monthly salary of employees in the province in the previous year.

3, the payment ratio is different.

On-the-job employees: operate according to a certain payment ratio, and the payment ratio varies from place to place.

Flexible employees: the proportion of pension insurance payment is 20%, the medical insurance payment is based on 80% of the average monthly salary of local urban workers in the previous year, and the basic medical insurance premium is paid at the rate of 4.2% or 8%.

4. The payment entities are different.

On-the-job employees: The expenses required to pay social security shall be shared by the employer and the employees, with the employer bearing most of the expenses and the employees bearing a small part, and the social security expenses shall be withheld and remitted by the unit.

Flexible employees: individuals need to bear all social security expenses.

5. Different household registration restrictions

On-the-job employees: There is no household registration limit for paying employee social security.

Flexible employees: Only local residents can participate in the insurance.

6. Enjoy different treatment

On-the-job employees: 60-year-old men, 50-year-old women and 55-year-old women cadres can apply for retirement and receive pensions as long as the payment time is not less than 15 years. In addition, female employees can also enjoy maternity allowance.

Flexible employees: men are 60 years old and women are 55 years old. They can only apply for retirement and receive pensions, but they cannot retire early.

7. Other differences

As long as you meet the payment period every day, you can get qualifications such as buying a house and a car, settling in points, going to school for your children, and applying for a residence permit. These all refer to employee social security, and flexible employment social security is invalid.

3. What if the company doesn't buy social security?

According to the relevant laws and regulations, the unit shall handle the social insurance formalities for employees and pay social insurance premiums for employees, and the part borne by individuals shall be withheld and remitted by the unit from my salary. Employees must sign a contract with the unit when they join the company. In the event of a dispute, the contract can be used as proof of the formation of labor relations between employees and units. According to the Labor Contract Law, Social Insurance Law and other relevant laws, as long as there are labor relations, enterprises should handle social security for employees. For employees who have not signed a contract, employees can keep all kinds of materials that can prove the existence of labor relations with the unit, such as salary slips, stamp certificates, work clothes, etc. Once the unit does not apply for social security, it can go to the labor arbitration institution where the enterprise is located for arbitration. The local labor department will issue an arbitration opinion, and employees can ask the enterprise for reissue and new social security according to the arbitration opinion.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 4 Employers and individuals in People's Republic of China (PRC) shall pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services.

Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.

Article 58 An employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.

The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.